Re: Legal right to withhold consent on medical testing or other interventions as a condition of participation in school activities
To [Principal or Administrator];
Statement of Issue
Our daughter or son, [Student Name], has been informed by school administration that students must have proof of COVID-19 vaccination or a negative COVID-19 test to participate in [Class or Activity], with no exceptions allowed. Other students received this information as well.
Legal Justification For Non-Compliance
There is no such testing or vaccination requirement listed in SB0107: In-person Instruction Prioritization. Line 172 (4)(a)(b) states: An LEA may not test a student for COVID-19 who is younger than 18 years old without the consent of the student’s parent. This letter notifies the school that we do not give our consent for any of our children to be tested.
As our LEA has not met either of the testing criteria in lines 129-132 of SB0107, any requirement of a student to test to attend activities would be in contravention of state code. Additionally, an LEA does not have statutory authority to mandate students take a COVID-19 vaccine. State code 53G-9-302 asserts a “parent may claim an exemption to immunization for medical, religious, or personal reasons.”
Furthermore, in accordance with Utah State Board of Education (USBE) ruling R277-217-3, educators must “comply with all federal, state, and local laws” and may not “exclude a student from participating in any program, deny or grant any benefit to a student, or encourage a student to develop a prejudice on the basis of: (a) race; (b) color; (c) creed; (d) sex; (e) national origin; (f) marital status; (g) political or religious belief; (h) physical or mental condition; (i) family, social, or cultural background; (j) sexual orientation; or (k) gender identification,” as stated in R277-217-2-23.
Duly, we assert our legal right to have our son or daughter, [Student Name], fully participate in, or be given access to, any of (but not limited to) the following: curricular, co-curricular, and extracurricular classes, lessons, instructions, curriculum, assemblies, speakers, activities, dances, assignments, library materials, online materials, practices, equipment, clubs, groups, field trips, sports, and organizations.
Any efforts to mandate COVID-19 testing or vaccination as a condition of my daughter’s or son’s participation will result in his or her non-compliance, be considered a form of medical discrimination, and be documented as a knowingly-made violation of my son’s or daughter’s rights under legislative code and USBE policy, resulting in formal complaints to the USBE Internal Audit Department and the Utah State Attorney General’s Office.
Please add this letter to my son’s or daughter’s personal records and provide me with a written and emailed confirmation and acknowledgement of its receipt and contents within 2 business days. You will receive a printed copy as well as an electronic copy of this letter that its contents may be subject to government records request. A public correction of the school’s COVID-19/vaccination policy must also be issued immediately through all available and standard means of communication (email, PA, phone, texts, etc.).