It’s not a medical exemption. It’s a federal waiver, based on federal law. As such, your school is not the governing authority. Neither is your school board, your Superintendent, nor the California Department of Public Health.

Federal Waiver Pioneered in 2020

Free Now Foundation learned of the federal vaccine waiver when it was pioneered for COVID shots in 2020. The federal waiver, if someone qualifies for medical reasons, is now successfully used for all vaccines. Thousands of federal waivers have been accepted around the country by K – 12 schools, colleges, and by employers. The waivers are accepted by many private schools in California, and less so by public schools. Public schools fear losing a source of funding. Free Now Foundation has just learned of a couple reasons why public schools may be incentivized to reject a federal waiver, but that doesn’t mean it’s legal to reject them.

Schools have been trained and incentivized by the State to reject students who cannot have vaccines. In California, some school officials see a Healthcare Provider’s Certification of Federal Waiver (“Federal Waiver”) document for a student who cannot have vaccines, and have a knee-jerk reaction, incorrectly classifying the federal waiver as a state medical exemption subject to the mandated CAIR-ME process. However, the federal medical waiver is not a California medical exemption.

Illegal to Discriminate Against ADA-Protected Individuals

Free Now Foundation strongly believes that it is illegal for California schools to reject federal waivers, just as it is illegal to discriminate against any Americans With Disabilities Act-protected children, anywhere in the country.

We believe the law is on our side. Thanks to Free Now Foundation supporters, we have just completed fundraising to start a case to compel all California schools to follow existing federal ADA law under the US Department of Justice, and accept childhood federal waivers to vaccination, which override any state vaccination mandate. We aim to file the case this Fall.

Brief History of State Medical Exemption Law

You likely recall that in 2019 Senator Pan introduced a bill, SB 276, which was signed into law by Governor Newsom. It took effect in January 2021. This new law made it de facto compulsory for K – 12 students to be injected with 21 doses of ten vaccines. Even students previously injured by vaccines are unable to obtain a medical exemption using the state’s California Immunization Registry – Medical Exemptions (CAIR-ME) process established by SB 276. Free Now Foundation knows of exactly zero medical exemptions that have survived the CAIR-ME process, as of the time of publishing this article.

The State Medical Exemption Head-fake

Here’s how the California medical exemption process “works” now. This does not apply to federal waivers, but we want you to know the State process, which you’ll quickly see is designed to fail. It’s nothing more than a head-fake.

A medical exemption (ME) in California is subject to a 9-step process. Here’s how it goes:

1. Register with the California Immunization Registry (CAIR-ME), disclosing your personal contact information, the name of your doctor, and the name of your child’s school, putting all parties into a tracking system
2. Find a California-based physician (MD or DO) with the following caveats
   1. If the ME was written before January 2020, the MD or DO must never have been disciplined by a medical board, for any reason, even if the discipline is now resolved
   2. If the ME is written after January 2020, if an MD or DO is accused or on probation for vaccination-related conduct, that physician cannot write an exemption
   3. The MD or DO is “allowed” to write 4 medical exemptions before triggering an investigation into that doctor’s medical practices
3. Ask that California-based physician to evaluate your child and write a medical exemption, if warranted
4. Tell the California-based physician to register with CAIR-ME
5. The California-based physician then enters a medical exemption into CAIR-ME
   1. The MD has to certify, under penalty of perjury, that the information is true
6. The physician generates a 2-page medical exemption request that the parent gives to the child’s school
7. The Department of Public Health then reviews the medical exemption, and without examining the patient, makes a decision
8. The child’s school checks the CAIR-ME database to see if the medical exemption was approved or not
9. The school denies matriculation to a student without a DPH-approved medical exemption

Federal Waivers Are Outside the State CAIR-ME Process

Enter the federal waiver. You don’t need a California doctor, you don’t need to register with CAIR-ME, and neither the school nor the CA DPH is the governing authority. Federal law for ADA-protected patients and students with a physical condition and qualifying medical circumstance is sovereign and overrides any state mandate attempting to infringe on the broad rights afforded them.

Is every federal waiver accepted by California schools? No. Our suit aims to change that.

How to Obtain a Federal Waiver Evaluation

Currently, only one group offers federal waiver evaluations. Free Now Foundation does not issue federal waivers, nor is it affiliated with the group providing the evaluations and federal waivers. Free Now Foundation refers parents to Frontline Health Advocates (FHA) for consultation about their specific child’s needs, and FHA’s specialized process.

Free Now Foundation Seeking Potential Plaintiffs for Federal Waiver Lawsuit

Free Now Foundation is seeking potential plaintiffs for the lawsuit being crafted right now. If you have tried to get a medical exemption or federal medical waiver, please fill out the appropriate form:

Medical Exemption Plaintiff Questionnaire

Healthcare Provider’s Certification of Federal Vaccination Exemption (Federal Waiver) Plaintiff Questionnaire