Texas AG Asked about Vaccination Exemptions for Publicly Funded Private School Students

Requested Opinion: RQ-0615-KP

State Rep. Gary Gates, R-Richmond, asks about how state vaccination exemption laws apply to private schools that accept publicly funded students under the soon-to-be-implemented Education Savings Account (ESA) law (SB2/regular session).

Gates wants to know if a private school can reject enrolling an ESA-funded student due to the student being exempted from public school vaccination mandates via either an affidavit obtained from the state by the student’s parent or by communication from a medical provider.

Gates cited a 2006 AG’s opinion (GA-0420/Greg Abbott) that private schools may accept vaccination exempted children for enrollment if the private school receives no “taxpayer funds” — but must accept vaccination exempted students if the private school accepts “taxpayer funds.”

The AG typically has up to six months to issue an opinion.