Colleges Face a Question: Is It Legal to Require the COVID Vaccine?
Education attorney Jeffrey Nolan spoke with VICE about the legal gray area of requiring COVID-19 vaccines for college students returning to campuses. While several schools across the country have announced mandatory vaccination policies, governors in states like Texas have issued executive orders prohibiting schools from doing so. One question arising from this situation is whether schools can legally mandate a vaccine that only has emergency use authorization (EUA). Mr. Nolan explained that although requiring students to get vaccinated on campus would likely violate U.S. Food and Drug Administration regulations, requiring proof of vaccination to register for classes or live on campus should pass muster. He also predicted that states opposed to such policies will issue executive orders or bills that prevent schools from mandating a vaccine that only has EUA.
"I've seen statements by people that they believe — in all circumstances — that EUA biologics and products cannot be mandated, but I think that statement is too broad," Mr. Nolan commented.