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PARENTAL RIGHTS

No Shots, No School, Not True!

In Louisiana, according to the law R.S. 17:170, ALL schools, colleges AND daycares,
public AND private (this includes Catholic schools), MUST accept exemptions.

As detailed in the statute, all you have to do to submit an exemption is to provide a written statement declaring that you are opting out.
Below is a sample document you can print and use. It does NOT need to be notarized but it may need to be filed at the beginning of each school year.

The exemption law R.S. 17:170 also applies to the COVID-19 vaccine!

Louisiana Exemptions Explained

*This page applies to exemptions to vaccine requirements for schools, colleges, universities, and daycares. For exemptions to EMPLOYER vaccine mandates please visit our Religious Exemptions to Employer Vaccine Mandates page. 

There are 3 main types of exemptions: medical, religious and philosophical/personal belief. In Louisiana we are extremely fortunate that the law pertaining to schools and daycares doesn’t specify nor limit what kind of exemption facilities may accept. In fact, it’s so basic and straightforward that you don’t have to provide a reason, you simply state that you’re opting out, a “written dissent”.

So you don’t have to say why you’re using an exemption; you just submit a written statement stating that you are. You must, however, turn in an exemption at the beginning of each school year.

You can see the law in its entirety here; the exemption paragraph is Section E:
No person seeking to enter any school or facility enumerated in Subsection A of this Section shall be required to comply with the provisions of this Section if the student or his parent or guardian submits either a written statement from a physician stating that the procedure is contraindicated for medical reasons, or a written dissent from the student or his parent or guardian is presented.

Louisiana Exemptions Apply to ALL Daycares, Schools, Colleges – They MUST Accept Your Exemption!

You read that right. It doesn’t matter if they receive state funding or not. ALL daycares and ALL schools MUST accept your exemption. This includes: public, private, Catholic, vocational schools, etc.

Unfortunately many administrators are misinformed. Usually though, upon notifying them of the law (mention it specifically, R.S. 17:170, read as “revised statutes seventeen one seventy”) they comply. If you’re met with resistance, it may help to print out the law and attach it to the exemption, though it’s not necessary.

Here’s the text taken from the statuteEach person entering any school within the state for the first time, including elementary and secondary schools, kindergartens, colleges, universities, proprietary schools, vocational schools, and licensed day care centers. . . Chief administrators of all elementary and secondary schools, kindergartens, colleges, universities, proprietary schools, vocational schools, and licensed day care centers whether public or private within this state. . .

Another reference you can use is the Louisiana Department of Health website – they specifically talk about immunization exemptions: “There is no requirement for the document to be notarized, and all requests are granted.”

If once informed they still refuse to comply with the law, contact your state representative/senator (find yours here). Sometimes all it takes is a phone call or two. And of course HFL is here to help as well!

Exemptions in LA Do NOT Need to Be Notarized (Don’t do it!)

If the daycare or school tells you it must be notarized they are wrong. Reference the law, Revised Statutes 17:170 (specifically Section E where it states what you need to submit and note there is NO mention of a requirement to notarize) and the Louisiana Department of Health’s statement on their website affirming what the law declares: “There is no requirement for the document to be notarized, and all requests are granted.”

So please don’t get it notarized. It’s not necessary nor warranted by the law. We actually have had to fight daycares and schools that try to demand that because it places an unnecessary burden on the parent and the bottom line is the law doesn’t require it. It just has to be a “written statement of dissent”. We don’t want to train administrators into thinking the exemption is not acceptable or official or legal if it’s not notarized.

❗️FOR ANYONE BATTLING SCHOOLS OR LICENSED DAYCARES ABOUT EXEMPTIONS

If they make any reference to the law/statute (R.S. 17:170) in their handbook or correspondence you’ve got them

When you sign registration forms and the handbook, you are in essence signing a contract with the school. Enter some contract law:

To reference the statute (R.S. 17:170) WITHOUT informing parents that students are afforded exemptions under that same law (Section E) misleads parents into thinking they have no other option except fully vaccinating according to the CDC schedule. 

⚠️WHETHER IT’S BEING DONE BY ERROR OR FRAUD IT DOESN’T MATTER.

It’s still illegal and vitiates (impairs the legal validity of) consent, according to Civil Code Articles 1948, 1949, and 1953:

💥Any contract made based upon misrepresentation of the law is subject to nullification due to a vice of consent, either by error, fraud, or duress. (CC 1948) 

💥Error vitiates consent only when it concerns a cause without which the obligation would not have been incurred and that cause was known or should have been known to the other party. (CC 1949)

💥Fraud is a misrepresentation or a suppression of the truth made with the intention either to obtain an unjust advantage for one party or to cause a loss or inconvenience to the other. Fraud may also result from silence or inaction. (CC 1953)

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If it’s concerning specifically the MENINGOCOCCAL vaccine requirement, that’s even easier! Because we fought hard to get that bill amended and we won! R.S. 17:170.4 not only states that you have exemptions but that THE SCHOOL MUST INFORM THE PARENT OF THE ABILITY TO FILE AN EXEMPTION:

  1. Any written communication issued to students pursuant to this Section shall include notice that the student’s parent, tutor, or legal guardian may be exempt from compliance with this Section under the conditions set forth in Subsection B of this Section.

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AND AS FOR THE “WE’RE A PRIVATE SCHOOL SO DON’T HAVE TO ACCEPT EXEMPTIONS” ARGUMENT:

➡️ For general vaccine requirements, R.S. 17:170 applies (emphasis mine):

💥In the very first section, Section A, of the law it states “ANY SCHOOL”. 

💥In Section D it states “WHETHER PUBLIC OR PRIVATE”. 

💥In Section E (the exemption clause) it states:
No person seeking to enter ANY SCHOOL OR FACILITY ENUMERATED IN SUBSECTION A of this Section shall be required to comply with the provisions of this Section if the student or his parent or guardian submits EITHER a written statement from a physician stating that the procedure is contraindicated for medical reasons, OR a written dissent from the student or his parent or guardian is presented.

➡️ For the meningococcal vaccine requirement, R.S. 17:170.4 applies (emphasis mine):

💥In Section A it states “local PUBLIC school or NONPUBLIC school”

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