My dear friend, Tiffany, got served a letter Thursday.
The letter stated that if she does not
have her daughter back in school, then she will be facing a fine of up to $100
per day her daughter misses school plus jail time of 5 – 25 days after the 10th
day of absence. Tiffany is trying to
send her daughter to school. The school won’t let her stay.
Let me back up a bit.
Ryliegh is 5 years old. She is a fully vaccinated
kindergartner. She resides in Wild and
Wonderful West Virginia. West Virginia, like Mississippi, allows no religious
or philosophical exemption and rarely grants medical exemptions.
So, Ryleigh got all
of her state required shots. One mistake was made. Neither Tiffany or
her pediatrician knew about a new rule put into place just 15 days prior. The new rule required the DTaP shot to be
given AFTER the 4th birthday. Ryleigh’s shot was before her
birthday.
After the two week grace period for all West Virginia
students to get caught up on the newly added shots (TDap and Meningitis for 7th
and 12th graders plus meeting all the new requirements for new
school entrants), students across the state have been removed from school. All absences are unexcused and students face
truancy.
Seniors are being denied graduation. Parents are being
threatened with calls to CPS for medical neglect. Police have been escorting
students from campus. Student medical information has been shared freely
throughout the schools violating HIPPA rights. Parents face the risk of losing
the right to make medical decisions for their children. Misdemeanor charges are
being threatened (WV is the only state that criminalizes non-vaccination).
Here are the biggest problems:
●
The new requirements (including the one keeping
Ryleigh out of school) were added via interpretive rule rather than legislative
rule.
●
Interpretive Rule (IR) is covered under the WV
code and their definitions. Its a way to define certain policies as to not bog
down the legislature. IR can not be used if the effect is civil sanctioned or
criminal sanctioned. Civil sanction is getting our kids kicked out of school.
These vaccines have become mandatory.
●
There is a court case in process to determine
the legality of circumventing our elected officials by using Interpretive Rule
in this way.
●
WV is unique in that it is illegal to not fully
vaccinate your child. You are guilty of a misdemeanor for every missed vaccine.
They have yet to charge anyone with a misdemeanor but they are quick to use it
as a threat.
●
The DHHR and BOE assured the judge that no child
was being kept out of school for non-compliance.
●
150 students in one county ALONE have been
removed from school due to non-compliance.
●
HUNDREDS of students across the state are truant
from school thanks to these new rules while being fully compliant with state
law.
●
West Virginia constitution does not allow for
expulsion based on vaccine non-compiance.
Will Ryleigh get to go back to school? Until this court
case plays out, it is unlikely. Her doctor requested a medical exemption. The FDA states that the maximum safe level of
aluminum is 5mcg per kilo of weight.
Just 84mcg would be a toxic dose for little Ryleigh. Tiffany is in agreement with her doctor that
further vaccination at this time is unsafe due to an aluminum level 18 times
the toxic level.
A doctor requested a temporary medical exemption based
on her dosing schedule. The Wheeling-Ohio county health department and Dr.
Mercer denied her request. Since the
state does not agree with Ryleigh’s doctor, Tiffany has two choices – give a
duplicate vaccination three years early or homeschool. With the threat of jail
time, it looks like homeschooling wins.
Why is it that these children are being turned away?
They WANT to be in school. With truancy being such a problem in West Virginia,
why refuse to educate such a large portion of students?
It just doesn’t make sense.
We The Parents is a registered non-profit grassroots
movement whose aim is to change the vaccine laws in West Virginia. Changing laws takes a lot of work and is not
free. Please consider supporting these families as they fight for their
children’s right to a free and appropriate public education. Like their page on
facebook. Share the information posted. Consider donating financially. Help
Ryleigh get back in school!
Links:
Petition to change WV laws: http://www.change.org/petitions/joint-interim-committee-on-health-provide-non-medical-religious-philosophical-vaccination-exemptions
