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Beginning in the fall of 2004, kids in Minnesota schools and day-care centers will likely need to be vaccinated against chickenpox and a bacterial infection that can lead to meningitis or pneumonia.

An administrative law judge on Tuesday upheld a Minnesota Health Department plan to add to the state's roster of required childhood shots two new vaccines protecting against the chickenpox virus and pneumococcal bacteria.

Health officials proposed the new vaccinations in July, sparking debate over vaccines in Minnesota as opponents of childhood shots questioned the safety of all shots. Childhood vaccines protect against polio, measles, tetanus and other diseases.

The judge's approval, one of the last steps required for the rule to take effect, does not change Minnesota parents' ability to have their children exempted from vaccinations for medical or personal reasons. The proposal now goes to Gov. Tim Pawlenty for review.

Judge Kathleen Sheehy, of the state Office of Administrative Hearings, said in her decision that the two vaccines are recommended by almost all major medical organizations. The judge noted that many states already require the vaccinations. She wrote that state health officials had proved the shots are needed.

Although chickenpox is often considered a benign disease, its complications include pneumonia or encephalitis. Data submitted to Sheehy by the Health Department indicated that the number of people hospitalized for chickenpox complications in Minnesota has dropped 80 percent since 1995, when children began getting the vaccine voluntarily.

Health officials also reported that the rate of severe pneumococcal disease for children under age 2 in Minnesota has declined from an annual average of 208 cases per 100,000 from 1996 through 1999, to 62.5 cases per 100,000 in 2001. The U.S. Food and Drug Administration approved the pneumococcal vaccine, Prevnar, in February 2000. It is being used voluntarily.

Sheehy also wrote that those who objected to vaccines had not backed up their opinions with science.

"We are very pleased that the [judge] has agreed with our position," said Health Commissioner Dianne Mandernach. "Certainly it's our opinion that it's the children who win in this."

Anne Becker, a staff attorney at the administrative hearing office, said Pawlenty has 14 days to review the new vaccine rule once he receives the paperwork. If he vetoes it, the requirement would not take effect. Calls to Pawlenty's office were not returned Tuesday.

Becker also said the Legislature can pass a law to block the new shots.

Jerri Johnson, who helped lead the Minnesota Natural Health Coalition's opposition to the new vaccines, said her group and other opponents will ask Pawlenty to veto the rule, and they also will be contacting legislators.

"We would have liked to have seen a different decision," Johnson said, adding that Sheehy overlooked problems with vaccine safety studies. "We will look to elected officials to overturn the ruling . . . because many citizens are concerned about this."

The Immunization Action Coalition, a national nonprofit vaccine education group based in St. Paul, applauded the judge's decision Tuesday.

"It was the right thing to do," said Diane Peterson, the coalition's associate director for immunization projects. "Enactment of the requirements will help prevent serious even fatal disease."

Jill Burcum is at jburcum@startribune.com.

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ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE.  THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.