Governor Greg Abbott today directed the Texas Education Agency (TEA) and Texas school superintendents that the COVID-19 vaccine cannot be mandated as part of school entry requirements. Instead, Texas law overrides a recent recommendation from the Centers for Disease Control (CDC) that added the vaccine to immunization schedules for adults and school-aged children. In letters to TEA Commissioner Mike Morath and school superintendents statewide, the Governor explains that his Executive Order GA-39, issued on August 25, 2021, allows Texas parents to opt-out of the COVID-19 vaccine for their children and further empowers parents to be the primary decision-makers in their children’s health care. Also, the Texas Legislature has enabled parents to opt out of vaccinating their children for health reasons and reasons of conscience through a number of statutes, including Texas Education Code § 38.01(c)(1), Texas Health & Safety Code §§ 161.004(d), 161.0041, and Texas Human Resources Code § 42.043(d).
“Despite attempts at federal overreach into the health care decisions of Americans, in Texas, we continue to honor and defend the freedom of parents to choose what is best for the health and well-being of their families,” reads the letter. “Regardless of what the CDC may suggest, in Texas, the COVID-19 vaccine remains voluntary. Texas schools shall not require students to receive the COVID-19 vaccine for any reason.”
Although the recent CDC recommendations do not create a federal vaccine mandate, many schools rely on CDC guidance to craft school entry requirements for students. Governor Abbott’s letters to TEA leadership and school superintendents reaffirm his Executive Order prohibiting vaccine mandates and vaccine passports, as well as the Texas laws enabling parents to opt out of vaccines for health or religious reasons
Here are the letters to the TEA Commissioner and Superintendents.
Dear Commissioner Morath:
Recently, the Advisory Committee on Immunization Practices for the Centers for Disease Control
(CDC) recommended adding the COVID-19 vaccine to immunization schedules for adults and
school-aged children. Although this recommendation did not create a federal vaccination mandate,
many schools across the United States, including some in Texas, rely on CDC guidance to craft
school entry requirements for students.
In light of the CDC recommendation, I urge you to remind our state’s schools that per Executive
Order GA-39, which has been in effect since August 25, 2021, no governmental entity in Texas can
mandate the COVID-19 vaccine. This Executive Order allows parents to opt out of the COVID-19
vaccine for their children while further empowering Texas parents to be the primary decision makers
in their children’s health care. Despite attempts at federal overreach into the health care decisions of
Americans, in Texas we must continue to honor and defend the freedom of parents to choose what is
best for the health and well-being of their families.
Also, the Texas Legislature has enabled parents to opt out of vaccinating their children for health
reasons and reasons of conscience through a number of statutes, including Texas Education Code
§ 38.01(c)(1); Texas Health & Safety Code §§ 161.004(d), 161.0041; and Texas Human Resources
Code § 42.043(d).
Regardless of what the CDC may suggest, in Texas, the COVID-19 vaccine remains voluntary.
Texas schools shall not require students to receive the COVID-19 vaccine for any reason.
Thank you for your prompt attention to this matter and your assistance in protecting the rights of
parents and students.
Dear Superintendents:
Recently, the Advisory Committee on Immunization Practices for the Centers for Disease
Control (CDC) recommended adding the COVID-19 vaccine to immunization schedules for
adults and school-aged children. Although this recommendation did not create a federal
vaccination mandate, many schools across the United States, including some in Texas, rely on
CDC guidance to craft school entry requirements for students.
In light of the CDC recommendation, I want to remind you that per Executive Order GA-39,
which has been in effect since August 25, 2021, no governmental entity in Texas can mandate
the COVID-19 vaccine. This Executive Order allows parents to opt out of the COVID-19
vaccine for their children, while further empowering Texas parents to be the primary decision
makers in their children’s health care. Despite attempts at federal overreach into the health care
decisions of Americans, in Texas we must continue to honor and defend the freedom of parents
to choose what is best for the health and well-being of their families.
Also, the Texas Legislature has enabled parents to opt out of vaccinating their children for health
reasons and reasons of conscience through a number of statutes, including Texas Education Code
§ 38.01(c)(1); Texas. Health & Safety Code §§ 161.004(d), 161.0041; and Texas Human
Resources Code § 42.043(d).
Regardless of what the CDC may suggest, in Texas, the COVID-19 vaccine remains voluntary.
Texas schools shall not require students to receive the COVID-19 vaccine for any reason.
Thank you for your prompt attention to this matter and your assistance in protecting the rights of
parents and students.
