Many Colleges Require Vaccines Immediately, but CSU and UC Stick With Plan to Wait on FDA
Education attorney Jeffrey Nolan was quoted in EdSource about COVID-19 vaccination requirements at higher education institutions. Colleges and universities are making various plans to require their students to be vaccinated and many institutions have said they will require the vaccine as soon as the Food and Drug Administration (FDA) gives full approval. Others are already requiring vaccines without full FDA approval. Either way, the legal right of institutions to require COVID-19 vaccination for students is likely to be upheld even under its current emergency use authorization as long as they allow for medical and religious exemptions.
Mr. Nolan said the key reason that colleges can require students to be vaccinated — even before the vaccines get full approval — is because students aren’t being forced to attend. “The idea is you can make your own choice about your personal or medical decisions, but if you’re choosing to be here and live in our residential community, then we can condition your continued participation on this thing,” he said.