Oklahoma Law Forbids K-12 Vaccine Requirements; Experts Call Move Political Symbolism, But Not Without Risk
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Oklahoma made history on Friday as it became the first state to pass a law prohibiting K-12 schools from mandating vaccines. Michigan and Pennsylvania are also considering similar bills, which experts believe are largely symbolic but could still hinder efforts to combat COVID-19.
In Oklahoma, the ban on vaccine mandates extends beyond K-12 schools to include colleges, universities, and technical centers. Out of the more than 400 higher education institutions in the country that have announced vaccination requirements for the fall, Oklahoma is one of only 15 states without any college or university on that list.
While post-secondary institutions can legally mandate vaccines, K-12 school districts do not have the authority to do so. Even before Governor Kevin Stitt signed the law in Oklahoma, no public schools in the state or any other state were able to require COVID-19 vaccines.
Dorit Reiss, a professor of law at UC Hastings, explained, "The vaccines required for school are already defined by law. So, in order to add COVID vaccines, the law would have to be changed."
Major school districts in Oklahoma, such as Tulsa Public Schools and Oklahoma City Public Schools, have confirmed that the new law will not affect their plans. They are still prioritizing the safety of their students and staff but are not currently mandating COVID-19 vaccines.
Governor Kevin Stitt tweeted on Friday, "Taking the COVID-19 vaccine is a personal choice. I’ve signed SB 658 to ensure that students can go to school without that choice being made for them."
Experts point out that the authority to add vaccines to the list of required vaccinations for schools lies with state officials. These officials are unlikely to make any changes until the vaccines receive full approval from the Food and Drug Administration (FDA), which Pfizer-BioNTech and Moderna have both applied for. The FDA has already authorized the use of the vaccines for individuals aged 12 to 15 based on their emergency use approval.
Reiss believes that the value of the Oklahoma law, set to be effective from July 1, and similar bills in Michigan and Pennsylvania may be more symbolic than practical. Once the COVID-19 vaccines receive full approval from the FDA, the legislature could theoretically include them in the list of required vaccines for school entry, similar to vaccines for diseases like measles, mumps, and rubella. However, this would require sufficient political will.
The Oklahoma law also includes provisions against "vaccine passports" and bans any school policies that only require non-vaccinated individuals to wear face coverings.
The University of Oklahoma, which lifted its mandatory mask requirement for fully vaccinated students and staff in May, now strongly recommends face coverings for unvaccinated community members but does not require them.
Oklahoma joins several other states, including Georgia, Alabama, Arizona, and Florida, in banning vaccine passports. However, in other places, vaccinated and unvaccinated individuals are experiencing different levels of access.
New York City has introduced the Excelsior Pass, the first government-issued vaccine passport in the country. This allows residents to show proof of vaccination through an app and QR code, often required for entry into bars, clubs, and restaurants. Similarly, seven European Union countries have launched a digital record of vaccination.
These efforts indicate policymakers’ confidence in the safety and effectiveness of COVID-19 vaccines in preventing infection and spread. In Ohio, schools have observed a significant decrease in COVID-19 cases among staff as vaccinations have become more widespread. Even in Republican-led Alaska, Governor Mike Dunleavy has highlighted the state’s high vaccination rates to attract tourists this summer.
Governor Ron DeSantis of Florida is clashing with cruise lines, a major industry in the state, due to the ban on vaccine passports. While cruise executives are striving to adhere to CDC guidelines by ensuring that nearly all staff and passengers are fully vaccinated, DeSantis has largely disregarded their concerns.
DeSantis declared, "In Florida, your personal choice regarding vaccinations will be protected, and no business or government entity will be able to deny you services based on your decision." In response, at least one major cruise line has threatened to leave the state.
Oklahoma State Senator Rob Standridge, one of the authors of a law prohibiting vaccine requirements in schools, shares a similar standpoint. He believes that it is not the government’s role to mandate vaccinations against the wishes of parents.
However, on the Senate floor, Democratic State Senator J.J. Dossett argued that the ban represents an overreach of government power, a viewpoint often expressed by Republicans. He questioned why the state is dictating what local entities should or should not do.
When asked Standridge this question, he did not provide a response.
According to Reiss, a law professor at UC Hastings College of the Law, these debates highlight the divisions that have arisen throughout the pandemic. She contends that the politicization of the pandemic discourages vaccinations, prolonging the public health crisis. She states, "The virus relies on hosts to survive. With fewer vaccines, there are more hosts, providing greater opportunity for the virus to persist and continue to harm us."
These discussions demonstrate the ongoing conflicts surrounding the vaccine passport ban and its implications for public health.
