Depew, N.Y. (WBEN) - In light of the case surrounding a Depew High School senior being removed from school over the lack of a vaccine booster despite having a medical exemption, one county lawmaker is taking immediate action to support her and get her back in school.
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Erie County Legislator Frank Todaro (R) says he was disappointed to learn that Kayci Rae's final year at Depew was cut short due to the school district denying her medical exemption for a meningitis vaccine booster.
"This is where New York State schools are following the rules currently on law, on the books that they can remove a student regardless if a doctor has factual data that this student cannot receive another vaccination, a booster - in this case - based off factual data. And I think that is completely wrong for the student to be not in school," said Todaro on Wednesday during an appearance with David Bellavia on WBEN.
"It's her senior year, of all years, where she's making great memories. I want to see her receive her diploma, like any student. I think every parent would love to see their student receive that diploma, and rightfully so. She's not receiving her rights to receive her education because of this law that's currently on the books, and we want to change that."
That's why Todaro has put forth a resolution in the Erie County Legislature that supports a bipartisan bill currently in the New York State Senate (Bill S686) that will require schools to accept medical exemption forms when written and signed by a licensed medical provider.
He says the bill was first introduced a few years ago, and was reintroduced just recently by a Democratic State Senator that is receiving bipartisan support in exactly the issue surrounding Kayci Rae.
"What this law does, the proposed bill will actually have an official form that notifies the school district that this child has a medically valid reason why not to receive this vaccination, and it clears the student to continue their education and so on," Todaro explained.
According to Todaro, there's no clear law or guideline right now in New York that schools are following when it comes to cases like Kayci Rae.
"They're just looking at it as, 'We're going to remove the student and protect the others, because we don't have a clear law that states that we have to keep the child in school.' That's what this is all about," Todaro said.
"There's no blame on the local schools right now. They just don't have clear guidance. The safe route for them is to, unfortunately, remove Kayci Rae from school, which I'm really against. They need clear direction. I'd like to see her back in school until the decision is made, because this has psychologically got to be affecting her, I can guarantee that. And it's not right. She needs her right to be in school and get her education properly."
Todaro believes if school districts have a clear-cut rule book that is concise, they will follow it and not have to remove students like Kayci Rae who have received medical exemptions for a vaccination or booster.
Todaro is confident that his resolution will be discussed further in detail during committee sessions, where it will hopefully get enough traction to pass in Erie County, and let New York State know the county supports this law.
Where Todaro is hearing the most support for this resolution of his is from local health experts.
"I'm actually getting a lot of emails from local physicians thanking me for this proposal. It clearly states that the doctors themselves and practitioners are having this issue with schools throughout our area, and I can guarantee through New York State. So they're applauding me on this, I told them I will push this forward. And we had some really good conversations with a couple local doctors here," Todaro said.