NO School For YOU!!!

Connie Johnson
Oct 27
3 min read

Disclosure: The information provided by Michigan for Vaccine Choice regarding vaccination exemptions under Michigan Compiled Laws (MCL) 333.9215, parental rights under MCL 380.10, MCIR opt-out procedures under Michigan Administrative Code R.325.176, confidentiality requirements under the Michigan Public Health Code (Public Act 91 of 2006), and constitutional protections under the Michigan Constitution of 1963, Article I, Sections 3 and 17, is intended solely for general educational and informational purposes. It does not constitute legal advice, nor does it establish an attorney-client relationship between Michigan for Vaccine Choice and any individual or entity.

Andy, the parent of two Armada Michigan High School students has been notified by the Armada Schools Superintendent, Mike Musary, that he has until November 1st to get a waiver from the health department for vaccinations or face un-enrollment of his children.

Michigan law requires children to be vaccinated against certain diseases before enrolling in public or nonpublic schools, childcare, or preschool programs. This is governed by the Public Health Code (MCL 333.9201 et seq.) and the Revised School Code (MCL 380.1177). However, exemptions are available, and the key question is whether a nonmedical exemption (e.g., for religious or philosophical reasons) requires a certified "waiver" from the local health department or if a simple written statement suffices to prevent removal from school. Can a School Remove a Child for Lacking a Waiver?

Statutory Answer: No. Schools must exclude children who lack both proof of immunization and a valid exemption (MCL 333.9208, MCL 380.1177). A properly submitted nonmedical exemption statement satisfies the law, and no statute authorizes removal, expulsion, exclusion, or unenrollment for failing to provide a health department waiver.
Administrative Misapplication: Some schools mistakenly interpret the administrative rule as mandatory, leading to improper enrollment denials. This has been challenged as unlawful (e.g., advocacy efforts in 2025), as the statute takes precedence over the rule.
Why Not Get the Waiver? The law does not require it. For over a decade, advocates have noted that the MDHHS rule conflicts with state law by imposing an extra-statutory burden. Parents can comply with the law by submitting a written exemption statement directly to the school, bypassing health department involvement.

This summer Michigan for Vaccine Choice did a citizen's petition, where we asked Michigan Department of Health and Human Services to rescind the un-funded rule and this was their response:

MDHHS is the fox guarding the henhouse. In layman terms: They looked ONLY at HOW the Rule was passed. Since it was passed properly (MCL 24.238), they denied the request. The problem: It does not address that the rule conflicts with state law. Further, there is a process called a declaratory ruling, which requires that MDHHS rule is put to the decision of the court to rule if it conflicts with state law. There have been multiple requests for declaratory ruling, however MDHHS has stated their own rule doesn't conflict with the Law.

There is no statutory requirement or allowance in Michigan to remove a child from school for lacking a health department waiver if a parent has submitted a valid nonmedical exemption statement objecting to vaccination. The written statement alone meets the legal requirement for school enrollment, and the administrative waiver rule is subordinate to the statute. While schools must report immunization statuses by November 1 annually, this is their responsibility, not parents’, and does not affect a child’s right to remain enrolled with a valid exemption.

What can you do? Tell the MDE, MDHHS and Armada Schools to stop breaking the law and discriminating against kids who just want to go to school.

Contact the following or Click the button to take actions:

Michigan Department of Education (MDE)

Dr. Sue C. Carnell 517-373-3324

Interim State Superintendent

carnells1@michigan.gov

Michigan Department of Health and Human Services (MDHHS)

Elizabeth Hertel

Director 517-373-3740

HertelE@michigan.gov

Armada Public Schools

Mike Musary