NJDOH Proposed Code Changes (N.J.A.C. 8:57)
NJ Private Schools’ Authority to Deny Religious Exemptions & Expand Vaccination Requirements
The August 18th, 2025 NJDOH proposal appears to allow private schools and other private institutions across New Jersey to deny religious exemptions and add any ACIP (Advisory Committee on Immunization Practices) -recommended vaccinations beyond NJDOH’s current immunization mandates (what public schools currently require). This shift would grant private institutions far more authority over vaccination policy than ever before.
Key elements in the document:
- Expanded Power for Private Institutions: Preschools, daycares, K-12 schools, and colleges could adopt vaccine requirements above the state’s baseline.
- Potential Denial of Religious Exemptions: Code changes would allow private schools to discriminate against students whose religious beliefs prevent vaccination.
- Delegating Health Authority to Non-Medical Administrators: School and childcare leaders could gain de facto public health powers, without medical or legislative oversight.
Questions New Jersey Residents Should Be Asking
Scope & Consistency
- Would all private educational institutions: preschools, daycares, elementary/secondary schools, and colleges be empowered to deny religious exemptions outright?
- Would these policies have to be applied across the board, or could schools accept or deny exemptions case by case?
- Will private schools be encouraged or pressured to require additional vaccines as a condition of attendance?
- How will the state manage uneven and inconsistent health policies across New Jersey?
Protections for Families
- What safeguards will exist for families with religious-based exemptions?
- Is the state essentially regulating access to private schools for a subset of the population?
- Why would New Jersey codify a policy that could discriminate against religious families and limit their educational options?
Authority & Oversight
- Why is the NJDOH empowering non-medical school administrators to dictate vaccination requirements for students in private schools?
- What oversight or appeal process will ensure these decisions are made fairly and transparently?
- Will parents be given advance notice and meaningful consent before new requirements take effect?
NJDOH NEW ACIP (Advisory Committee on Immunization Practices) Alignment
The August 18th, 2025 NJDOH document references aligning New Jersey’s immunization requirements with the current ACIP recommendations. On the surface, this may look like a simple update — but it signals a major shift in who controls New Jersey’s vaccine requirements and how they could change in the future.
Key elements in the document:
- Automatic Alignment with Federal Guidance: New Jersey would adjust its vaccination requirements whenever ACIP updates its recommendations.
- Expanded Scope: This alignment could affect K–12 students, private schools, higher education institutions, and potentially adult immunizations as well.
- Reduced State Oversight: If implemented, vaccine requirements could change without public comment or NJ legislative debate.
Questions New Jerseyans Should Be Asking
Control & Oversight
- Will the NJDOH eliminate state rules and allow the federal ACIP to effectively dictate New Jersey’s vaccination schedule, letting mandates shift without NJ legislators’ approval or public input?
- Does this alignment amount to outsourcing New Jersey’s health policy to a federal advisory body, reducing the role of elected officials and parental voices in key public-health decisions?
Impact on K–12 Students
- Will this proposed code change enable the NJDOH to add COVID-19 (primary series/annual boosters), annual influenza, Hepatitis A, or HPV (Gardasil) as K–12 school attendance requirements simply by aligning with ACIP?
- How will medical decision-making remain with parents and their physicians if alignment updates occur outside a transparent, state-led rulemaking debate?
Private Schools & Higher Education
- Will this alignment also extend to public colleges, giving them a free hand to impose additional vaccination requirements as per the ACIP recommendations?
- How will the state prevent patchwork or inconsistent policies that confuse families and schools?
Exemptions & Safeguards
- What safeguards will exist to ensure consistent health policies across New Jersey, preventing a patchwork of requirements that confuse families and schools?
- How will medical and religious exemptions be protected if mandates shift are inconsistent throughout the state educational system?
Why This Matters
“ACIP alignment” could fundamentally shift control of vaccine requirements from New Jersey to a federal advisory committee, bypassing public input and legislative oversight. Without strong safeguards, this could lead to new mandates without transparency, consistent policy, or parental consent.
NJIIS (New Jersey Immunization Information System) Vaccine Registry Expansion
The NJDOH’s August 18th, 2025 document proposes automatic enrollment of all adults and children into the NJIIS with very limited opt-out options. Even those who opt out can be overridden, meaning personal health data could still be collected and retained without consent.
What the Proposal Says
- Expansion of Participation: NJIIS would no longer be limited to certain providers. All healthcare providers, pharmacists, schools, colleges, universities, childcare centers, and other agencies involved in vaccination reporting would be required to participate.
- Automatic Enrollment / Data Entry: All vaccine doses administered to children and adults in NJ including COVID-19, flu, routine childhood vaccines, and any new recommended vaccines would be required to be entered into NJIIS.
- Consent Rules: Enrollment for NJ children would occur automatically at birth through linkage of birth certificates. Adult doses would also be automatically entered regardless of individual consent, and opt-out procedures are not clearly defined.
- Data Access & Sharing: Access would be broadened to include public health agencies, schools, higher education institutions, licensed childcare facilities, healthcare providers, pharmacists, insurers, and other “authorized users.” This expands data visibility far beyond just your doctor’s office.
Questions New Jersey Residents Should Be Asking
- Consent & Autonomy:
- Will NJIIS become a mandatory lifetime registry without explicit parental or patient permission?
- How will parents and adults be clearly informed about opt-in or opt-out procedures and can unchecked authority nullify those choices?
- Scope & Data Collection:
- Why is the NJDOH expanding reporting to include all healthcare providers, schools, childcare facilities and for all vaccines, not just childhood shots?
- Will future vaccines be added automatically, without public debate?
- Access & Privacy:
- Who exactly will have access to these sensitive records and how will confidentiality be enforced?
- Will the data be used beyond public health for school entry, employment, or insurance eligibility?
- What cybersecurity measures will protect these records from breaches or misuse?
- Impact on Parental Rights:
- Why aren’t parents given informed consent to decide if their child’s vaccine information is stored or shared?
- Will adults retain any control over their own health data in this system?
- Oversight & Accountability:
- What oversight exists to ensure this registry doesn’t become a tool for discrimination or exclusion from school, childcare, or other services?
- How will NJDOH provide transparency about how data is used and who accesses it?
Insurance & Discrimination:
- How will insurance companies be allowed to use NJIIS data? Could this information be shared or sold in ways that penalize or discriminate against unvaccinated New Jersey residents when they apply for, renew, or change insurance coverage?
Expanded Health Reporting & Penalties for Non-Compliance
The August 18th, 2025 rule proposal broadens both what must be reported and who must report it. Historically, reporting of communicable diseases was largely confined to healthcare professionals, labs, and public health agencies. Under the new code:
- More Reportable Conditions: The list of communicable diseases and health events has been modified and expanded, including some conditions that previously were not required to be reported (pg. 21-25).
- Broader Reporting Obligations: Non-medical personnel such as, school administrators, childcare directors, higher-education staff, animal facility managers, and other non-traditional reporters would now be compelled to collect and transmit data.
- New Deadlines and Enforcement: Annual or periodic reporting deadlines are set, with fines and disciplinary measures for non-compliance.
- Integration with NJIIS/CDRSS: These reports feed directly into the state’s immunization and communicable disease surveillance systems, linking individuals to data streams across multiple agencies.
Key Questions to Ask About Expanded Reporting & Penalties
Scope & Justification
- What is the scientific or public-health basis for expanding the list of reportable diseases?
- How will the NJDOH determine which conditions should be mandatory for reporting in the future?
- What data shows that current reporting systems are insufficient?
Impact on Schools & Childcare Facilities
- Why are non-medical personnel like school administrators and childcare directors being made responsible for reporting sensitive health data?
- What training, funding, and support will be provided to these non-health professionals to comply with complex reporting rules?
- How will schools handle the liability risks of collecting and transmitting personal health information?
Privacy & Consent
- Will parents or guardians be notified when their child’s information is reported to the state?
- How will the state secure and de-identify data collected by non-medical personnel?
- Could this expanded reporting be used to flag or penalize families (for example, regarding vaccine status or school attendance)?
Penalties & Enforcement
- What are the specific fines and disciplinary measures for non-compliance?
- How will due process be ensured for schools or individuals accused of non-compliance?
- Could these penalties lead to disproportionate enforcement in certain communities or against certain types of schools?
Oversight & Transparency
- Who will oversee the accuracy and appropriateness of data collected by non-medical personnel?
- Will there be a public reporting or auditing mechanism to ensure data is used only for legitimate public health purposes?
NJ Open Public Records (OPRA) Exemptions
The August 18th, 2025 rule proposal would permanently exempt vaccination, testing, quarantine, outbreak, and related records from OPRA. Until now, most of these records were restricted only during active emergencies, after which they became available for public review or investigative journalism. While framed as ‘privacy,’ this actually shields the Department from outside oversight. Families, journalists, and watchdog groups would lose access to information needed to hold officials accountable, investigate failures, or review outbreak responses.
Under the proposed rules:
- Permanent Secrecy: Data about vaccination campaigns, testing results, quarantine orders, and outbreak management would no longer become public once the emergency is over.
- Reduced Oversight: Families, journalists, researchers, and legislators could lose a vital tool to review how decisions were made, how resources were deployed, and whether government actions harmed or protected residents.
- Broader Shielding: The exemption applies to records and correspondence related to public health response not just individual health data. Potentially obscuring emails, memos, and decision-making processes.
- More Data Collected, Less Transparency: While personal health information would still flow into NJIIS and other state systems, the ability to look outward at government performance would shrink dramatically.
Key Questions to Ask About OPRA Exemptions
Transparency & Accountability
- How will the public, media, and legislators assess performance and accountability if vaccination, testing, quarantine, and outbreak records are permanently exempt even after emergencies end?
- Would similar restrictions in 2020 have impeded the public’s ability to uncover the true scope of nursing home and hospital case/death data during COVID?
- How will NJDOH ensure that errors, mismanagement, or misuse of authority can still be investigated if the paper trail is closed?
Independent Oversight
- Can privacy be protected while still allowing independent oversight, such as via de-identified datasets, delayed release, or ombuds review?
- What processes will exist for an appeal or challenge to a denied records request under the new rules?
- How will researchers and watchdog groups maintain public-health accountability if internal communications are permanently shielded?
Public Trust & Future Emergencies
- Does NJDOH recognize that trust in public health depends on transparency? How does permanent secrecy affect that trust?
- If the state collects more personal data while offering less transparency, what safeguards will prevent mission creep or misuse?
- How will the Department distinguish between legitimate privacy protections and institutional self-protection?
Legislative Oversight
- What role will the legislature or independent commissions play in reviewing records that are closed to the public?
- Will there be any sunset clauses or periodic reviews to decide whether records can be released after a certain time?
- How will New Jersey residents be able to learn from mistakes if all internal records of outbreak response remain sealed indefinitely?
Commissioner’s Discretion & School Exclusion
The August 18th, 2025 rule proposal gives the Department of Health Commissioner sweeping discretion to determine what health data is collected, how it is shared, and how enforcement occurs. This centralizes authority in a single office, reduces checks and balances, and raises concerns about potential overreach.
Key provisions in the document:
- Expanded Data Collection Authority: The Commissioner could unilaterally decide which data sets are added, expanded, or shared with other agencies.
- Broader Enforcement Powers: Language suggests the Commissioner may impose new conditions on schools and institutions without legislative action.
- Exclusion of Students: The Commissioner’s discretion could allow students to be excluded from school even in the absence of an outbreak, expanding current exclusion policies.
- Limited Oversight: No clear mechanisms are outlined for periodic review, legislative approval, or public input before exercising these powers.
Questions New Jersey Residents Should Be Asking
Checks & Balances
- What checks and balances (legislative review, independent audits, sunset clauses) will constrain the Commissioner’s discretion over data collection, sharing, and enforcement?
- Will the legislature or another independent body have authority to review or reverse decisions made under this expanded power?
School Exclusion & Student Rights
- Could this authority enable student exclusion from school without a documented outbreak or individualized risk assessment?
- What standards will be used to decide when and how students can be excluded, and who will verify those standards?
Due Process & Transparency
- How will procedural due process for families be preserved to include notice, evidence standards, and appeal rights?
- Will there be a public process or hearing before the Commissioner can issue sweeping orders affecting thousands of students?
- How will parents be notified if new data-sharing or exclusion rules are applied to their child?
Data Collection & Privacy
- What criteria will the Commissioner use to determine which data can be collected and shared?
- How will the Department ensure that sensitive health information is not used to discriminate, restrict access, or punish non-compliance?
Long-Term Safeguards
- Will there be sunset clauses or periodic reviews for any new powers granted to the Commissioner?
- How will the public know if these powers are being exercised fairly and only for legitimate public health purposes?
Public Comment Opens Sept. 15:
As these questions indicate, residents seek clarity on consent, transparency, scope of authority, and equal access to education. We encourage NJDOH and the Public Health Council to address these items clearly in the rule text, statement of reasons, and during the comment period.