S T A T E O F N E W Y O R K
________________________________________________________________________
266
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. GALLIVAN, ASHBY, BORRELLO, MATTERA, MURRAY, OBERACK-
ER, RHOADS, WEIK -- read twice and ordered printed, and when printed
to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to an exemption from
certain vaccination requirements for school attendance based upon
religious beliefs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2164 of the public health law is amended by adding
a new subdivision 9 to read as follows:
9. THIS SECTION SHALL NOT APPLY TO CHILDREN WHOSE PARENT, PARENTS, OR
GUARDIAN HOLD GENUINE AND SINCERE RELIGIOUS BELIEFS WHICH ARE CONTRARY
TO THE PRACTICES HEREIN REQUIRED, AND NO CERTIFICATE SHALL BE REQUIRED
AS A PREREQUISITE TO SUCH CHILDREN BEING ADMITTED OR RECEIVED INTO
SCHOOL OR ATTENDING SCHOOL.
§ 2. Subdivision 6 of section 2164 of the public health law, as
amended by chapter 35 of the laws of 2019, is amended to read as
follows:
6. In the event that a person in parental relation to a child makes
application for admission of such child to a school or has a child
attending school and there exists no certificate or other acceptable
evidence of the child's immunization against poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta-
nus, and, where applicable, Haemophilus influenzae type b (Hib), menin-
gococcal disease, and pneumococcal disease, the principal, teacher,
owner or person in charge of the school shall inform such person of the
necessity to have the child immunized, that such immunization may be
administered by any health practitioner, or that the child may be immun-
ized without charge by the health officer in the county where the child
resides, if such person executes a consent therefor. In the event that
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01136-01-5
S. 266 2
such person does not wish to select a health practitioner to administer
the immunization, [he or she] SUCH PERSON shall be provided with a form
which shall give notice that as a prerequisite to processing the appli-
cation for admission to, or for continued attendance at, the school such
person shall state a valid reason for withholding consent or consent
shall be given for immunization to be administered by a health officer
in the public employ, or by a school physician or nurse. The form shall
provide for the execution of a consent by such person and it shall also
state that such person need not execute such consent if subdivision
eight OR NINE of this section applies to such child.
§ 3. Paragraph (f) of subdivision 5 of section 2168 of the public
health law, as amended by chapter 35 of the laws of 2019, is amended to
read as follows:
(f) The immunization status of children exempt from immunizations
pursuant to subdivision eight of section twenty-one hundred sixty-four
of this title AND A PARENT CLAIMING EXEMPTION PURSUANT TO SUBDIVISION
NINE OF SECTION TWENTY-ONE HUNDRED SIXTY-FOUR OF THIS TITLE shall be
reported by the health care provider.
§ 4. This act shall take effect immediately.
New York State should uphold the constitution and allow families to exercise their religious freedom and not be forced by the government to make health decisions for their children. Ones that can potentially harm them for life. This is long over due. We as Americans have the right to this freedom that has been taken away from us due to government overreach. I support this bill 1000 times.
Shame on all lawmakers for not adhering to NY State constitution. NY STATE Constitution
ARTICLE XI EDUCATION [Common schools] Section 1. The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated. (Formerly §1 of Art. 9. Renumbered by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.
You created a public health law that precedes the NY Constitution?
NY Public Health Law: Public Health Law, Section 2164 and 2168 : Section 66-1.3 - Requirements for school admission.
So in hindsight families are burdened with "school taxes" but cannot choose to send their kids to public, private school, sports programs or public school facilities such as gyms/science labs ...ect because of the illegitimate law? Furthermore they must additionally pay out of pocket for homeschooling curriculums? Compulsory age kids are heavily discriminated upon - shame on you!
Really praying that this goes, through, it is after all, a violation of the Americans with Disabilities Act, HIPPA, as well as No Child Left Behind
Very sad they force children to do whatever the government wants and not what the parents want.