Ohio Advocates for Medical Freedom
Ohio Exemptions
What Ohio law already guarantees for daycare, Kâ12, college, and the workplace.
Ohio law treats vaccine exemptions differently depending on where you are. In some settings your exemption is guaranteed by statute. In others it isn’t guaranteed at all — the institution sets its own rules. Know which one you’re in before you need it.
Daycare & preschool Not guaranteed
Vaccine exemptions in daycare and preschool are not all guaranteed in Ohio. Some providers can refuse admission, unenroll, or penalize a child based on vaccine status — it depends on whether the provider is public or private.
Which exemptions apply
- Private childcare providers have full authority to require 100% vaccination for admission — regardless of any state or public funding they receive. This policy must be stated in their handbook.
- Public childcare providers must accept every exemption allowed under Ohio Revised Code (Religious, Reasons of Conscience and Medical). OAMF provides a statement parents can submit that is consistent with the wording of the law.
- Religious and Reasons of Conscience exemptions do not require a signature from a medical professional in either setting.
Denied entry? Contact us before trying to remedy it yourself — you may choose to employ legal counsel, and we can help you understand your options first.
Why a private provider can deny admission — the full ODE & federal-rule history Background
On 2/14/2017, the Ohio Department of Education (ODE) posted new requirements for all ODE-licensed child care providers. They said these were based on September 2016 changes to the Child Care Development Block Grant (45 C.F.R. 98). As part of these changes, ODE instructed providers to give written information to families in three areas — including a change in their ability to use reasons-of-conscience exemptions. ODE stated that ‘Licensing specialists will be looking that your program removes “reasons of conscience” language from information you give parents in handbooks, websites or forms to record immunizations.’
OAMF was told ODE’s legal team had reviewed the final rule changes first. Specifically, they said:
‘The federal Child Care Development Block Grant now requires that the exemptions allowed are limited to the following:
Sec 98.41 Health and Safety Requirements (B) — Notwithstanding this paragraph (a)(1)(i), Lead Agencies may exempt: (1) Children cared for by relatives; (2) Children who receive care in their own homes; (3) Children whose parents object to immunization on religious grounds; (4) Children whose medical condition contraindicates immunization.
With this language, both ODJFS and ODE had to delete the existing “reasons of conscience” language from the immunization exemptions in our respective rules. The deletion does not change a parent’s ability to decline immunizations on religious or medical reasons.’
We asked for more information and were sent the Child Care and Development Fund Final Rule. Reviewing the tracked changes, we found that what actually changed for Sec. 98.41 was leniency in giving homeless and foster children time to comply — not a mandate to strip conscience exemptions.
The rule itself states, at Sec. 98.3 Effect on State law, that nothing in the Act shall be construed to supersede a State law, and that where a State law would prevent CCDF funds from being spent as provided, the State shall segregate State and Federal funds. The fund’s stated goal is ‘to allow each State maximum flexibility.’ Mechanisms exist to avoid superseding Ohio law — and we have seen no evidence ODE explored them.
ODE’s change ran directly against ORC 5104.014, which says a child is not required to be immunized if ‘the child’s parent or guardian has declined… for reasons of conscience, including religious convictions.’ Under the law as written, religious exemptions are included in reasons of conscience. To our knowledge, changing state law requires the legislature — not a state agency’s rulemaking. Several legislators are conducting their own investigations.
Been misinformed, bullied, or discriminated against? Submit a complaint using the form at the bottom of this page — OAMF reviews every report.
K-12 public & private schools Guaranteed
Vaccine exemptions in K-12 public and private schools are guaranteed in Ohio. A school cannot refuse admission, unenroll, or punish a student for declining any or all required vaccines when the parent declines in writing.
Know the Law
Ohio: A pupil who presents a written statement of the parent or guardian declining immunization for reasons of conscience, including religious convictions, is not required to be immunized. Medical exemptions are also allowed. — ORC § 3313.671, Proof of required immunizations — exceptions
Denial, harassment, or failure to inform parents of their right to Reasons-of-Conscience, Religious, or Medical exemptions is unethical. Rights to freedom of conscience and informed consent are protected by the Ohio and U.S. Constitutions, and state law specifically allows parents to decline any or all school-required vaccines in writing.
Know the Facts
School websites and notices stating that parents must submit immunization records “or else” the child will be excluded should add: “unless the parent has submitted a reasons-of-conscience, religious, or medical exemption.” Leaving that out presents incomplete information. Exemption forms are not required by law — only a parent declining in writing — and any form used should not demand clergy validation or add language claiming the child puts others at risk.
K-12 exemption form
Medical exemptions are typically completed by a physician and submitted to the district. Reasons-of-conscience and religious exemptions require no specific form — they can be written on a plain sheet of paper — but we make a form available for your convenience.
Been misinformed, bullied, or discriminated against? Submit a complaint using the form at the bottom of this page — OAMF reviews every report.
College & university Not guaranteed
Vaccine exemptions at colleges and universities are not guaranteed in Ohio. An institution can refuse admission, unenroll, or penalize a student based on vaccine status.
Know the Law
ORC 1713.55: Beginning with the academic year on or after July 1, 2005, an institution shall not permit a student to reside in on-campus housing unless the student (or parent, if under 18) discloses whether they have been vaccinated against meningococcal disease and hepatitis B. — Read ORC 1713.55
Ohio law does not require the student to be vaccinated, and does not require the institution to provide or pay for vaccines — it requires only disclosure of status. However, state law does not stop a college or university from requiring vaccination as a condition of admission, which leaves that decision to the institution.
If you want to help change this, learn about the bills OAMF is working to pass on our Legislative Action page.
Been misinformed, bullied, or discriminated against? Submit a complaint using the form at the bottom of this page — OAMF reviews every report.
Employment Not guaranteed
Vaccine exemptions in employment are not guaranteed in Ohio. An employer can refuse to hire, fire, or penalize employees for declining required vaccines. Since its founding, OAMF has fought for legislation to protect Ohio workers.
In recent years, some Ohio workers have been reassigned, lost merit pay and promotions, and some were fired for declining employer-mandated vaccinations. Some left careers they loved, some were injured, and at least one died as a result of this overreaching corporate policy.
Mandatory vaccination as a condition of employment violates the principles of informed consent, personal liberty, and religious freedom defined in the Geneva Conventions, the Ohio and U.S. Constitutions, the Civil Rights Act, the AMA Code of Medical Ethics, the Universal Declaration on Bioethics and Human Rights, and ORC 2317.54.
OAMF is clear on this issue: every Ohioan deserves the fundamental right to both informed consent and bodily autonomy. Learn about the bills we’re working to pass on our Legislative Action page.
Been misinformed, bullied, or discriminated against? Submit a complaint using the form at the bottom of this page — OAMF reviews every report.
File a complaint
Been misinformed, misled, bullied, harassed, or discriminated against over your vaccine status — at a daycare, school, college, or job? Tell us what happened. OAMF reviews every report and follows up.
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