Parents! Now is the Time to Assert Your Right to Exemption for Vaccination!

Back to school is right around the corner! We're outlining a bold move for parents to assert their rights under the law. This week we are focused on a state-wide action for all parents in Michigan! Parents can stand their ground to protect their rights regarding vaccination exemptions and Michigan Care Improvement Registry (MCIR) participation due to robust protections under Michigan’s statutes, administrative rules, and the Michigan Constitution of 1963, which prioritize parental autonomy, informed consent, and fundamental liberties. Here’s why:

1. Statutory Right to Vaccination Exemption (MCL 333.9215 and MCL 380.10):

   
   

   Under Michigan Compiled Laws (MCL) 333.9215, parents have a universal right to exempt their children from vaccination requirements for school or childcare enrollment based on religious, philosophical, or other personal objections. This law requires only a written statement of objection, which schools must accept upon receipt without additional burdens. Additionally, MCL 380.10, part of the Revised School Code, affirms that it is the “natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children,” reinforcing parental authority over health decisions, including vaccinations. These statutory provisions empower parents to make immunization choices free from coercion, ensuring their beliefs are respected. By invoking MCL 333.9215 and MCL 380.10, parents can assert their legal and fundamental right to opt out of vaccinations without unnecessary administrative hurdles.

   
   

2. Constitutional Protections (Michigan Constitution, Article I, Sections 3 and 17):

   
   

   The Michigan Constitution of 1963 bolsters these statutory rights. Article I, Section 3 guarantees freedom of religion and conscience, protecting parents’ rights to make health decisions for their children based on religious or personal beliefs without state interference. Article I, Section 17 ensures due process and liberty, safeguarding the fundamental parental right to direct the care and upbringing of their children, including decisions about medical interventions like vaccinations. These constitutional protections shield parents from overreach by administrative mandates that infringe on their autonomy, such as those related to MCIR participation.

   
   

3. Mandatory Disclosure and Opt-Out Rights for MCIR (R.325.176):

   
   

   Michigan Administrative Code R.325.176(4) requires local health departments to inform parents of their right to opt out of the MCIR before any immunization data is entered. For parents attending mandatory education sessions to obtain a certified waiver, the failure to provide this disclosure violates their rights and undermines informed consent. Since parents pursuing waivers are not patients, the disclosure requirement is critical to protect their privacy, as supported by the Michigan Public Health Code (Public Act 91 of 2006), which enforces strict confidentiality and access controls for MCIR. By standing firm on their right to opt out, parents can prevent unauthorized data entry and maintain control over their child’s health information, consistent with their constitutional right to privacy under Article I, Section 3.

   
   

4. Overreach of Administrative Requirements:

   
   

   The imposition of mandatory education sessions and MCIR participation under R.325.176 exceeds the scope of MCL 333.9215, which does not require such conditions for an exemption. This administrative overreach infringes on parents’ statutory and constitutional rights by creating barriers to exercising their lawful exemption. Parents can challenge these requirements by citing the supremacy of MCL 333.9215, MCL 380.10, and the Michigan Constitution, which collectively guarantee a straightforward exemption process and protect parental authority. The lack of MCIR opt-out disclosure during education sessions further undermines these mandates, violating the transparency required by R.325.176(4).

   
   

5. Informed Decision-Making:

   
   

   Parents submitting an exemption statement affirm that their decision is made after considering the risks and benefits of vaccines, demonstrating a commitment to informed decision-making. This aligns with Michigan’s public health laws and the Michigan Constitution, which respect individual autonomy while promoting public welfare. By articulating their reasoned objection, parents strengthen their position, showing that their decision is deliberate and protected by their fundamental rights under MCL 380.10 and Article I, Sections 3 and 17.

   
   

6. Practical Steps to Assert Rights:

   
   

   Parents can protect their rights by submitting a clear exemption statement to the school, as outlined in MCL 333.9215, and by completing the MCIR opt-out form available through mcir.org or the MCIR Help Desk (888-243-6652 or MDHHS-MCIRHelp@michigan.gov). They should demand written confirmation from schools and health departments that their exemption is accepted and that no MCIR data will be recorded without consent. If faced with resistance, parents can reference MCL 333.9215, MCL 380.10, R.325.176(4), and the Michigan Constitution, and, if necessary, seek legal counsel to enforce compliance.

   
   

In summary, parents can stand their ground because MCL 333.9215 and MCL 380.10 guarantee their right to a vaccination exemption and affirm their fundamental parental authority, while R.325.176(4) protects their right to opt out of MCIR with full disclosure. The Michigan Constitution, Article I, Sections 3 and 17, further safeguards their religious, privacy, and liberty rights. The failure of health departments to comply with these laws, combined with administrative overreach, provides parents with a strong legal and constitutional foundation to assert their autonomy, protect their child’s privacy, and uphold their beliefs.

Here is a sample statement you can personalize and use for your child's school:

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Statement of Objection to Vaccination for School Exemption

Pursuant to Michigan Compiled Laws (MCL) 333.9215, I, [Parent/Guardian Full Name], hereby exercise my right to exempt my child, [Child’s Full Name], from all vaccination requirements for enrollment in [School Name]. This exemption is based on my sincerely held religious, philosophical, or other personal objections to immunizations, made after careful consideration of the risks and benefits of vaccines as provided through education and available information. I affirm that this statement reflects my conscientious beliefs, and I understand my responsibility to notify the school of any changes to this exemption status. In accordance with MCL 333.9215, I respectfully request that this written statement be accepted by the school as sufficient for granting the exemption, without further requirements beyond those specified in the law.

Additionally, I assert my right under Michigan Administrative Code R.325.176(4) to opt out of the Michigan Care Improvement Registry (MCIR) for my child’s immunization records. I have not consented to the entry of my child’s data into MCIR, and I request confirmation that no such data will be recorded or shared without my explicit written consent.

Signed: ______________________________________________

[Parent/Guardian Full Name]

Printed_______________________________________________

Date: _____________________________

_______________________________________________________________________________

Instructions for Use:

• Submit this statement to the school administration or designated official responsible for immunization records.

• Retain a copy for your records and consider sending the statement via certified mail for proof of delivery.

• If opting out of MCIR, complete and submit the Participation in MCIR Reporting form to your MCIR Regional Office (available at mcir.org or by contacting the MCIR Help Desk at 888-243-6652 or MDHHS-MCIRHelp@michigan.gov).

• Note that schools are required under MCL 333.9215 to accept this exemption statement upon receipt, provided it meets the statutory requirements.

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We fully anticipate that there will be pushback by schools, who will likely claim that they are required to follow guidance from MDHHS. If a school ignores a parent’s vaccination exemption statement submitted under Michigan Compiled Laws (MCL) 333.9215, the parent can take the following steps to assert their legal rights and ensure compliance:

1. Confirm Submission and Documentation:

   
   

   Verify that the exemption statement was properly submitted to the school’s designated official (e.g., principal or health records administrator). Ensure you have proof of submission, such as a dated copy of the statement, email confirmation, or certified mail receipt. The statement should clearly cite MCL 333.9215, which mandates that schools accept a written exemption based on religious, philosophical, or other personal objections without additional requirements.

   
   

2. Contact the School in Writing:

   
   

   Send a formal follow-up letter or email to the school administration, reiterating your rights under MCL 333.9215. Politely but firmly state that the school is legally required to accept the exemption statement upon receipt and that failure to do so violates Michigan law. Include a copy of the original statement and reference the statute. Request a written response within a specific timeframe (e.g., 5 business days). Sample language:

   
   

   “Per MCL 333.9215, my child’s vaccination exemption statement, submitted on [date], must be accepted by [School Name]. I request immediate confirmation of compliance and enrollment. Please respond by [deadline].”

   
   

3. Engage the Local Health Department:

   
   

   Already turned in your "waiver"? If the school claims the exemption requires health department approval or a certified waiver, contact your local health department to address any issues, particularly if they failed to disclose your right to opt out of the Michigan Care Improvement Registry (MCIR) under Michigan Administrative Code R.325.176(4). Request written confirmation that your exemption is valid and that no MCIR data will be recorded without your consent. The MCIR Help Desk (888-243-6652 or MDHHS-MCIRHelp@michigan.gov) can assist with opt-out forms and procedures.

   
   

4. Escalate to the School District or Board of Education:

   
   

   If the school persists in ignoring the exemption, escalate the issue to the school district’s superintendent or the local board of education. Submit a formal complaint in writing, citing MCL 333.9215 and attaching all relevant documentation (exemption statement, proof of submission, and correspondence). Request a meeting or hearing to resolve the issue and emphasize that the school’s refusal violates state law.

   
   

5. Contact the Michigan Department of Health and Human Services (MDHHS):

   
   

   If the school or district remains non-compliant, file a complaint with the MDHHS Division of Immunization. Provide details of the school’s refusal, including your exemption statement and any communications. MDHHS can clarify the legal requirements to the school and enforce compliance with MCL 333.9215. Contact MDHHS at 517-373-3740 or via their website (michigan.gov/mdhhs).

   
   

6. Seek Legal Counsel:

   
   

   If the issue persists, consult an attorney familiar with Michigan education and public health law. They can review your case, draft a cease-and-desist letter, or pursue legal action if the school’s refusal constitutes a violation of your rights under MCL 333.9215.Michigan for Vaccine Choice is working on legal solutions to help parents.

   
   

7. Document All Interactions:

   
   

   Keep a detailed record of all communications, including emails, letters, phone calls (with dates and times), and in-person conversations. This documentation is critical if legal action becomes necessary or if you need to escalate the matter to state authorities.

   
   

8. Advocate Publicly (Optional):

   
   

   If comfortable, raise awareness by discussing the issue with other parents, advocacy groups, or through platforms like X, while avoiding sharing personally identifiable information. This can pressure the school to comply and connect you with others facing similar issues. Be cautious to stay within legal bounds and avoid defamation.

   
   

Key Legal Points to Emphasize:  

• MCL 333.9215 explicitly requires schools to accept a written exemption statement without additional conditions, making the school’s refusal unlawful.

• The imposition of extra requirements (e.g., mandatory education sessions or MCIR participation) exceeds the scope of the law, especially if the health department fails to disclose MCIR opt-out rights under R.325.176(4).

• Schools cannot deny enrollment based on a valid exemption, as this violates state law and the parent’s right to make health decisions for their child.

  
  
  
  

By methodically following these steps, citing the relevant statutes, and maintaining clear documentation, parents can effectively stand their ground to enforce their legal rights and secure their child’s exemption.

What else? You can reach out to your legislator and the Michigan Department of Education by clicking below:

Take Action Here!

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.