Can Schools Require COVID-19 Vaccinations?

This question is one that's been asked a lot over the past couple of months. First and foremost, most educators agree that it's extremely important to get students back into classrooms. At the same time, they can all agree that doing so as safely as possible is just as crucial to moving forward. But to what extent does doing it safely go? Obviously, there are many different opinions on the vaccine, especially when it comes to children. However, the only question we'll go over here is: can the vaccine be required to return to school, and will they?

I recently ran across a great article in EdWeek that does a great job breaking it down. There's a pretty large amount of legal, political, and ethical questions involved here. But, in the interest of keeping this blog from getting too long, I'll touch base on a few key topics in the article that can give you a good idea on where the world is at with this difficult question.

Why do states mandate vaccines?

State-issued school vaccine mandates have been a key strategy that has helped build collective immunity, and agencies like the Centers for Disease Control and Prevention have credited them with practically eradicating several illnesses, like measles and polio.

School attendance is one of the broadest, most effective conditions officials can tie to vaccines, they say, so such mandates serve to set norms for the broader population, in addition to protecting children from diseases that may spread in school buildings.

Where does the law stand on mandates?

While courts have generally upheld states’ authority to require vaccines for school attendance, some policymakers said it would not be possible to require COVID-19 vaccines without full authorization from the FDA. Courts are considering cases about whether employers can require COVID-19 shots, Reiss said. But states may be reluctant to test the legal waters through school mandates until the issue is more settled.

If colleges require COVID-19 vaccines, why don’t K-12 schools?

Despite those legal questions, hundreds of colleges and universities, including the University of California and California State University systems, have already said students must be vaccinated to learn on their campuses during the 2021-22 academic year. Some have made that requirement conditional on full FDA approval, and some have not.

But, unlike K-12 education, college attendance isn’t compulsory, which may make health requirements less politically tricky. And vaccine mandates in higher education are typically set by the institutions themselves. In K-12, such mandates are typically set by state legislatures or health officials acting under legislative authority.

Is any school district mandating the vaccine?

There has been some limited discussion of individual school districts setting vaccine requirements for students, but none have done so. In January, Los Angeles Unified School District Superintendent Austin Beutner said that, once the vaccine is available to children, students would be required to be vaccinated for in-person learning, saying it was “no different than students being vaccinated for measles and mumps or tested for tuberculosis before they come on campus.”

“That’s the best way we know to keep all on the campus safe,” he said.

The district later changed its position after it was sued by a group of teachers who oppose the vaccine, saying it expects the state to eventually add coronavirus to its required vaccine schedule.

Are mandates the best way to ensure children get vaccinated?

Whether or not they are legally permissible, some medical ethicists question if mandates would be the most effect way to encourage parents to vaccinate their children.

For one thing, children are less likely to contract severe illness from COVID-19 than adults. And some parents who are reluctant to be first in line for shots may not be so resistant if health officials handle their concerns thoughtfully and respectfully. So, all that is to say, states may eventually add COVID-19 vaccines to their school requirements in future years, but encouragement may be a stronger public health tool this year.

However your school or district chooses to move forward, we want to help. Our COVID-19 Symptom & Exposure Screener will include an area where students and teachers can let administrators know if they are vaccinated or not. Should you not require a vaccine, users will still be able to report if they have any symptoms or not before returning to campus. 

If you'd like to learn more about our COVID Screener, and how it can help whether you require a vaccine or not, head to our website.