New York Laws
Title 6 - Poliomyelitis and Other Diseases
2164 - Definitions; Immunization Against Poliomyelitis, Mumps, Measles, Diphtheria, Rubella, Varicella, Haemophilus Influenzae Type B (Hib), Pertussis, Tetanus, Pneumococcal Disease, Meningococcal Disease, and Hepatitis B.

(b) A parent, a guardian or any other person in parental relationship
to a child denied school entrance or attendance may appeal by petition
to the commissioner of education in accordance with the provisions of
section three hundred ten of the education law.
8. If any physician licensed to practice medicine in this state
certifies that such immunization may be detrimental to a child's health,
the requirements of this section shall be inapplicable until such
immunization is found no longer to be detrimental to the child's health.
8-a. Whenever a child has been refused admission to, or continued
attendance at, a school as provided for in subdivision seven of this
section because there exists no certificate provided for in subdivision
five of this section or other acceptable evidence of the child's

immunization against poliomyelitis, mumps, measles, diphtheria, rubella,
varicella, hepatitis B, pertussis, tetanus, and, where applicable,
Haemophilus influenzae type b (Hib), meningococcal disease, and
pneumococcal disease, the principal, teacher, owner or person in charge
of the school shall:
a. forward a report of such exclusion and the name and address of such
child to the local health authority and to the person in parental
relation to the child together with a notification of the responsibility
of such person under subdivision two of this section and a form of
consent as prescribed by regulation of the commissioner, and
b. provide, with the cooperation of the appropriate local health
authority, for a time and place at which an immunizing agent or agents
shall be administered, as required by subdivision two of this section,
to a child for whom a consent has been obtained. Upon failure of a local
health authority to cooperate in arranging for a time and place at which
an immunizing agent or agents shall be administered as required by
subdivision two of this section, the commissioner shall arrange for such
administration and may recover the cost thereof from the amount of state
aid to which the local health authority would otherwise be entitled.
10. The commissioner may adopt and amend rules and regulations to
effectuate the provisions and purposes of this section.
11. Every school shall annually provide the commissioner, on forms
provided by the commissioner, a summary regarding compliance with the
provisions of this section.