NYS Ed Department Framed Vaccination as a First Amendment Right – Whose Rights are at Stake?

State Education Department ordered Jewish school to accept unvaccinated kids

Amid a record-setting nationwide measles outbreak driven largely by New York cases, the state ordered a Long Island school to accept unvaccinated kids into its classes and after-school activities.

The Shulamith School for Girls in Cedarhurst says the state Education Department was wrong to twice overturn the school’s decision to bar Ilana and Nikolay Jinjihashvili’s two daughters after the parents sought a religious exemption to the vaccination rule.

The Jewish day school is now asking a federal judge to overturn Education Commissioner Mary­Ellen Elia’s orders, calling them “illegal, void and unenforceable.”

While the current measles outbreak has put the vaccination debate at the forefront of public health, the school is framing the dispute as a First Amendment fight.

“There are schools that have taken the position that under the school’s religious belief, as a matter of Jewish law, students should be vaccinated,” the school’s lawyer, Philip Kalban, told The Post. The parents may have a different and “sincere” belief about vaccinations, Kalban explained, “but they say it’s based on Jewish law, and our position is that Jewish law says just the opposite.”

The First Amendment comes into play because the school argues the state has no business interfering in a religious matter.

The case landed in Brooklyn federal court last week after the family sought to send their girls to an ­after-school art show and fundraiser but were blocked by the school.

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