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Loss of waiver on vaccination forcing choices Families, school districts respond to state's decision

Date: 8/23/2002

MEGHAN GORDON ARKANSAS DEMOCRAT-GAZETTE

BENTONVILLE -- After moving from Colorado this summer, Lana Ates made what she thought was a routine visit to Thomas Jefferson Elementary in Bentonville to register one of her three sons for third grade.

But when she learned that Arkansas had just become the third state to disallow immunization waivers for religious reasons, Ates exchanged the registration form for a home-school application.

"I was in shock," she said. "They love school, but I'm not going to bend on my convictions."

After two federal judges deemed it unconstitutional for schools to decide which religions qualify for the exemption, the Arkansas Department of Education told districts last week that it won't allow waivers.

Only children with complete vaccine records, those scheduled to receive immunizations and those with valid medical reasons for avoiding the shots will be allowed to attend classes, said Scott Smith, the department's staff attorney.

All states allow exemptions for medical reasons and 15 states allow exemptions for philosophical reasons, said Kathi Williams, director of the National Vaccine Information Center, a parent-led nonprofit group that advocates reforms in the vaccination system. Mississippi and West Virginia are the only other states to nix the religious exemption.

Statewide, parents of about 500 pupils who previously qualified for the waiver have been faced with two options: go against their beliefs and schedule immunizations for their children or educate them at home.

About 80 families statewide are hoping to avoid the decision altogether by backing a class-action lawsuit to challenge their school districts, said Greg Karber, a Fort Smith attorney. He represented two students whose cases were the foundation for the state's cancellation of the exemption.

Karber said he hopes to file the lawsuit by Wednesday.

"If we sued every school district in which one of the plaintiffs had a child, there very well could be 100 defendants," Karber said.

Because the Education Department ruling came just days before school started on Monday, many districts were unsure how to handle the matter. Some districts scrambled to identify all the affected families, and other districts put the matter off because it pertained to so few students.

Statewide, the 500 students represent a tiny fraction of the more than 450,000 pupils in public schools.

Bruce Jones, Bentonville School District's human resources director, told principals on Tuesday that as far as he knew, the religious exemptions still were allowed.

"We just told them [a ruling] was coming, but we haven't received anything from the Department of Education yet as to whether they're going to have 30 days or what the deal is," Jones said on Wednesday. "We're just waiting to see what they're going to do."

Rogers took a stricter interpretation of the state's instructions.

On Tuesday district nurses called the parents of 21 students who previously qualified for the exemption. They said the parents must immediately notify the district in writing of their intentions to vaccinate their children within 30 days, said Sandy Murphy, the district's nursing coordinator.

"If they refuse, then their child will not be allowed in school," Murphy said.

About 25 students sought the religious exemption in Fayetteville, said Molly Lloyd, director of nursing. She said most of the parents will most likely try to fight the ruling.

In other districts in Benton and Washington counties, the ruling applied to three or four students in West Fork, one or two families in Gravette, at least one family in Elkins and one student in Lincoln, superintendents of those districts said.

"On a scale of one to 10, this ranks pretty low in things that need to be taken care of," said LeRoy Ortman, Gravette superintendent. "However, for those folks who are directly affected by it, I would assume that it ranks at 10."

Ates, who plans to be part of the suit, said she objects to required vaccines because personal health should be addressed without the help of doctors. In fact, her husband delivered their three children at home.

"I like everything just natural," she said.

"We just go with what happens. It's very rare that we take even an aspirin."

On Thursday, she received the first package of Christian-based home-school curriculum for her sons, Brent, 12; Steven, 10; and Kyle, 8. But she said the change from public school to home school will be a rough adjustment for the boys.

"We've always been very open and honest with them, trying to explain why we do the things we do," she said. "But they were very disappointed not being able to go to a regular school. They love interacting with other kids."

Ed Machado's 7-year-old son, Elijah, who attended his fourth day at Springdale's Harp Elementary on Thursday, has never been to a doctor, his father said. Machado, a Christian Scientist, said his family uses prayer and faith in God instead of vaccines to protect against illness.

"It's a liberty we should be able to have as individuals to choose which form of healing we use," he said.

Machado said that if the outcome of the class-action suit doesn't allow his son to attend school, he wouldn't automatically turn to home schooling. He and his wife would talk about the vaccines with his son and decide what would be best for the boy, he said.

"We don't want him to have a fear of shots, but we want him to know that there is another option," he said. "We're trying to keep it out of his thoughts until we have to."

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