PETITIONS FOR RULEMAKING
Vol. 38 Iss. 9 - December 20, 2021

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Agency Decision

Title of Regulation: 12VAC5-110. Regulations for the Immunization of School Children.

Statutory Authority: §§ 32.1-46 and 32.1-47 of the Code of Virginia.

Name of Petitioner: Kristen M. Calleja.

Nature of Petitioner's Request: I am writing to voice my request and sincere hope that the board will mandate vaccines for all school employees, with only medical exemptions allowed. Vaccines are already required for all state employees. In addition, vaccines should be required for all students for whom the vaccine has been fully approved, just as many other vaccines are mandated.

My 10th grade daughter and all other kids have sacrificed much over the past 18 months. They only have one childhood. They are finally back to in-person school, but we are already seeing constant disruptions to education for far too many due to infections, possible infections based on symptoms, and mandatory quarantines.

My daughter and all other students should have a right to be able to attend school without being unnecessarily put at risk by other students and teachers who refuse to be vaccinated, and without constant disruptions to their education. And it sure would be great for them to be able to go to school without masks and without worrying about lunch and other unmasked times, as well as overcrowded busses. The irrational minority should not be dictating the public health policy for Virginia or the schools.

Agency Decision: Request denied.

Statement of Reason for Decision: On September 1, 2021, the Virginia Department of Health (VDH) posted a petition for rulemaking to the Virginia Regulatory Town Hall. The petitions was received from a resident of Virginia. The petition contained two requests: (i) mandate vaccines for all school employees, with only medical exemptions allowed and (ii) mandate the vaccine for all students for whom the vaccine has been fully approved. The petition was posted for a 21-day public comment period and received 15,308 comments. The summary of those comments can be found in the table provided.

Table 1: Petition Comments by Opinion

Opinions

Total Comments

Percent Total

Unique IP*

Percent Unique

All

15,308

11,718

Against

14,301

93.42%

11,086

94.61%

For

847

5.53%

607

5.18%

Irrelevant

160

1.05%

106

0.90%

*Total of Opinions count is greater than total unique IPs because some IPs made multiple comments that were logged under different opinion categories.

Table 2: Petition Comments by Opinion and Categorization

Opinion

Categorization

Total Number of Comments

Total Number of Comments with Unique IP Addresses

Against

Religious exemption is necessary

212

205

Religious exemption is necessary; unconstitutional

42

42

Should remain voluntary

8,058

6,503

Should remain voluntary; experimental

329

310

Should remain voluntary; religious exemption is necessary

606

567

Should remain voluntary; not enough data on safety and efficacy of vaccine

2,232

2,037

Should remain voluntary; unconstitutional

642

603

Should remain voluntary; not enough data on safety and efficacy of vaccine; religious exemption is necessary

101

101

Should remain voluntary; religious exemption is necessary; unconstitutional

27

27

Should remain voluntary; not enough data on safety and efficacy of vaccine; unconstitutional

37

37

Unconstitutional

127

123

Not enough data on safety and efficacy of vaccine

1,571

1,429

Not enough data on safety and efficacy of vaccine; religious exemption is necessary

150

146

Not enough data on safety and efficacy of vaccine; unconstitutional

159

158

Not enough data on safety and efficacy of vaccine; religious exemption is necessary; unconstitutional

8

8

For

Support with removal of all other mitigation measures

1

1

Supports for both staff and students

843

604

Supports for staff only

1

Agency Contact: Kristin Collins, Policy Analyst, Office of Epidemiology, Virginia Department of Health, 109 Governor Street, Richmond, VA, 23219, telephone (804) 864-7298, FAX (804) 864-7022, or email kristin.collins@vdh.virginia.gov.

VA.R. Doc. No. PFR22-06; Filed September 1, 2021, 1:54 p.m.