As in-person classes begin at colleges and universities across the U.S., institutions do not have a common consensus about the issue of COVID-19 vaccination requirements. Individual vaccine mandates vary between schools much like they differ in different areas across the country and for different venues.
As long as the vaccines had emergency use authorization status, mandates fell into a sort of gray zone, according to Best Colleges. But as of August 23, 2021, when the Food and Drug Administration (FDA) granted full approval to Pfizer-BioNTech’s coronavirus vaccine for those 16 years of age and older, vaccine mandates began to increase in both private and public sectors, according to The New York Times.
The National Conference of State Legislatures says that all 50 states have legislation requiring students to be vaccinated against viral diseases like measles and rubella, for instance. Exemptions vary from state to state but all school immunization laws grant exemptions to children for medical reasons and many allow students to attend without immunizations due to religious and philosophical reasons.
But the situation is far from clear-cut. States and municipalities continue to grapple with holding down infections and deciding whether or not to require vaccines for entry into various places of business. In many areas, the decision to require vaccinations for patrons has been left up to the business management. Some have updated their mask-optional policies for fully vaccinated persons and requiring everyone to mask up to enter an establishment, for instance. Others require patrons to show proof of full vaccination, while some accept a recent negative COVID test in place of vaccination. In recent weeks, more businesses have done away with the negative test option and will not let anyone in who has not been sufficiently jabbed. New York City, for instance, is expected to require that visitors and employees of the city’s museums, concert halls, aquariums and zoos be vaccinated, according to The New York Times.
Colleges and universities face a similar choice as other businesses. As of this writing, hundreds of U.S. institutions are requiring students to be fully vaccinated for COVID-19 to live on campus or attend in-person classes, says Best Colleges data. Thus far, most institutions that have vaccine mandates are private. However, several large public university systems like the State University of New York (SUNY) now have vaccine mandates. SUNY’s vaccine mandate was triggered by the U.S. Food and Drug Administration’s full approval of the Pfizer COVID-19 vaccine on August 23. The expansive California State University system now also requires faculty, staff and students to certify vaccination by September 30. Some CSU campuses serve as host facilities for vaccine distribution.
Other schools continue to wait to determine the legality of requiring vaccinations and vaccination-resistant students and their families are mounting legal challenges to the university mandates. On August 12, in the U.S. Circuit Court of Appeals, families of Indiana State University students lost their challenge to the institution’s vaccination policy requiring all students, faculty and staff to be vaccinated. The U.S. Supreme Court subsequently denied review of the university’s mandate, leaving rulings in place.
Other public university systems have won legal challenges to their vaccine mandates just days after the Indiana University ruling. The University of Connecticut, for instance, continues to require the vaccine, as reported by Reuters. And students have also brought federal lawsuits challenging vaccine mandates at public universities in Connecticut, California, Massachusetts, alleging they have a constitutional right to go to college in person without vaccination.
Explains The National Constitution Center, as of August 2, 2021, at least 14 states had enacted Covid-19-related laws that barred employer vaccine mandates, school vaccine mandates or vaccine passports. The National Academy for State Health Policy states that currently, Arizona, Florida, Montana, New Hampshire North Dakota all had laws in place that specified businesses in their state were prohibited from requiring patrons to provide documentation certifying COVID-19 vaccination. Universities in these states like the University of Arizona, for instance, does not require students, faculty or staff to get vaccinated, but strongly encourages these groups to get the shot. Montana State University says it is following guidelines set forth by the Montana Office of the Commissioner of Higher Education and not requiring students to be vaccinated.
The COVID-19 vaccination requirement situation will continue to evolve.
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