“My school district is asking for proof of immunizations, as well as proof of doctor and dental visits for my children. What should I do?”

Without doubt, this is the single biggest question we receive from Pennsylvania homeschool families. While the laws and regulations governing this issue have not changed in years, enforcement changed significantly since the COVID-19 pandemic. The US Department of Health and Human Services began leaning on the Pennsylvania Department of Health to get immunization data on 100 percent of Pennsylvania students. In turn, the Pennsylvania Department of Health began leaning on the Department of Education, and the Department of Education began leaning on the 500 public school districts in Pennsylvania to collect this information. We have been told by multiple school district administrators that they fear a loss of funding from the commonwealth of Pennsylvania if they don’t increase their reporting.

This has all led to the massive increase in school districts demanding sensitive health data from homeschool families.

What does the law say?

The laws surrounding this issue are complicated. Relevant legal authorities discussing immunizations, medical and dental information, and home education students are found in:

  • The Pennsylvania home education statute (24 P.S. 13-1327.1),
  • The immunization and religious exemption statute and religious exemption regulation (24 P.S. § 13-1303a and 28 Pa. Code § 23.84),
  • The school health statutes (24 P.S. § 14-1401, et seq.),
  • The school health religious exemption statute and religious exemption regulation (24 P.S. § 14-1401 and 28 Pa. Code § 23.45),
  • And in the immunization reporting regulations promulgated by the Pennsylvania Departments of Health and Education (28 Pa. Code § 23.45 – § 23.87).

There are also relevant federal authorities such as HIPAA and FERPA. Further complicating this issue is that no court has ever weighed in on immunization law in Pennsylvania as it relates to homeschooling. And hanging over this entire issue are the strongly held views—which HSLDA vigorously respects—of parents regarding immunizations, doctors, health care in the United States today, and their precious children.

There is also the fact that the 500 school districts across Pennsylvania have had widely divergent responses to the pressure they have received from Harrisburg and Washington, DC.

Our response

At HSLDA, we have been circumspect with our public statements on this issue. We understand that parents have differing views. We also do not want to tip our hand to government officials, especially since this matter could end up with HSLDA litigating in court on behalf of individual HSLDA members. We encourage HSLDA members to contact us for personalized advice on the law, their family’s goals, and how they should respond to demands from their school district regarding evidence of immunizations, or evidence of medical and dental visits.

However, we also feel strongly about this issue, and we want our HSLDA members to know that we have vigorously defended numerous families across the Commonwealth of Pennsylvania on the matter.

While much of the law on this issue is unclear, one thing is clear: the law must respect the sanctity of a family’s religious exemption, or their “strong moral or ethical conviction similar to a religious belief” regarding immunizations. This fact is buttressed by Pennsylvania’s religious exemption statute. In keeping with the deep historical respect for conscience in Pennsylvania that is so beautifully illustrated by the life and work of William Penn, Pennsylvania regulations at 28 Pa. Code § 23.84 have broadened the religious exemption statute to include a “strong moral or ethical conviction similar to a religious belief.”

We have made it clear to school districts that they should not question a family’s religious beliefs, as we did in a letter to Troy Area School District last year (fun fact, this is the district where I was homeschooled as a kid!). They quickly backed down.

And now, we are taking a strong stance when school districts repeatedly ask the same family for an annual religious exemption. Pennsylvania law is clear—a religious exemption is a one-time filing. In fact, the law is so clear on this issue that the Pennsylvania Departments of Health and Education have publicly agreed with HSLDA that this is a one-time filing.

You can read the letters we recently sent to Susquenita School District and Norwin School District on this issue. All of these districts quickly backed down and dropped their demands that families file a religious exemption every single year.

If your family has a religious belief or strong moral or ethical conviction similar to a religious belief objecting to immunizations, and if you have previously filed a religious exemption, please let us know if your district is demanding an annual filing of your exemption, and we will vigorously defend you and your family.