The Department has received several telephone calls concerning immunizations, specifically as it relates to the religious exemption. Recently, Western and Eastern Federal District Courts ruled unconstitutional the religious exemption (Ark. Code Ann. § 6-18-702(d)(2)) to the immunization requirements. As a result, no public or private school should accept a religious exemption to the immunization requirements set forth in Ark. Code Ann. § 6-18-702. Therefore, each child must be properly immunized or properly claiming a medical exemption or be “in process” to proper immunization before that child may enroll in public or private school. This would also include any child previously enrolled in your school under a religious exemption.
Attached to this Director’s Memo please find a copy of a letter from the Arkansas Department of Health explaining their guidelines for determining whether a child may be enrolled in school based upon the fact that the child is “in process” of being properly immunized.
Keep in mind that Ark. Code Ann. § 6-18-702 (b)(1) places the responsibility for enforcement of the immunization requirements equally on the school and the parents. Also, Ark. Code Ann. § 6-18-702(e) provides a misdemeanor violation for any person found guilty of violating the provisions of Ark. Code Ann. § 6-18-702 and the rules and regulations enforcing that statute.
Questions about the change in immunization requirements or requests for additional information may be directed to Susanne Tullos or Bobbie Davis at 501-682-1297.