Michigan law requires children to be vaccinated against certain diseases before enrolling in public or nonpublic schools, childcare, or preschool programs. This is governed by the Public Health Code (MCL 333.9201 et seq.) and the Revised School Code (MCL 380.1177). However, exemptions are available, and the key question is whether a nonmedical exemption (e.g., for religious or philosophical reasons) requires a certified "waiver" from the local health department or if a simple written statement suffices to prevent removal from school.
Can a School Remove a Child for Lacking a Waiver?
Statutory Answer: No. Schools must exclude children who lack both proof of immunization and a valid exemption (MCL 333.9208, MCL 380.1177). A properly submitted nonmedical exemption statement satisfies the law, and no statute authorizes removal, expulsion, exclusion, or unenrollment for failing to provide a health department waiver.
Administrative Misapplication: Some schools mistakenly interpret the administrative rule as mandatory, leading to improper enrollment denials. This has been challenged as unlawful (e.g., advocacy efforts in 2025), as the statute takes precedence over the rule.
Why Not Get the Waiver? The law does not require it. For over a decade, advocates have noted that the MDHHS rule conflicts with state law by imposing an extra-statutory burden. Parents can comply with the law by submitting a written exemption statement directly to the school, bypassing health department involvement.
There is no statutory requirement or allowance in Michigan to remove a child from school for lacking a health department waiver if a parent has submitted a valid nonmedical exemption statement objecting to vaccination. The written statement alone meets the legal requirement for school enrollment, and the administrative waiver rule is subordinate to the statute. While schools must report immunization statuses by November 1 annually, this is their responsibility, not parents’, and does not affect a child’s right to remain enrolled with a valid exemption.
What can you do? Tell the MDE, MDHHS and Armada Schools to stop breaking the law and discriminating against kids who just want to go to school.
Send an email to:
Contact the following or Click the button to take actions:
Michigan Department of Education (MDE)
Dr. Sue C. Carnell 517-373-3324
Interim State Superintendent
Michigan Department of Health and Human Services (MDHHS)
Elizabeth Hertel
Director 517-373-3740
Armada Public Schools
Mike Musary
Superintendent 586-784-2112
*Michigan Compiled Laws Complete Through PA 30 of 2025 Page 160 Courtesy of legislature.mi.gov
