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2023 Op. Me. Att'y Gen. [1] (2023)

handle is hein.sag/sagme2023 and id is 1 raw text is: 2023-01

REGIONAL OFFES
84 HARLow S. 2ND FLOOR
BANGOR, MAINE 04401
TEL: (207) 941.-3070
FAx: (207) 941-3075
AARON M. FREY
ATTORNEY GENERAL                                                       125 PRESUMPSCOT ST., SU TE 26
PORTLAND, MAINE 04103
TEL: (207) 822-0260
FAx: (207) 822-0259
STATE OF MAINE
OFFICE OF THE ATTORNEY GENERAL            14 ACCESS HIGHWAY, STE 1
TEL: (207) 626-8800                6 STATE HOUSE STATION                CARIEO, MAINE 04736
TTY USERS GALL MAINE RELAY 77116SAEOS              TTO                  TEL: (207) 496-3792 AGS~,MIE03300   ~ :(0)4634
AUGUSTA, MAINE 04333,0006              FAx: (207) 496-3291
April 14, 2023
Hon. James Libby, Senator
Hon. Gary Drinkwater, Representative
Hon. Sheila Lyman, Representative
Hon. Heidi Sampson, Representative
Hon. Barbara Bagshaw, Representative
Hon. Edward Polewarczyk, Representative
Maine State Legislature
2 State House Station
Augusta, ME 04333-0002
Greetings Senator and Representatives,
You have asked for a legal opinion on whether Plyler v. Doe, 457 U.S. 202 (1982)
proscribes the Legislature's elimination of non-medical exemptions to mandatory immunizations
for students in elementary and secondary schools. See P.L. 2019, ch. 154, §§ 1, 12 (eff. Sep. 1,
2021).
In Plyler, the United States Supreme Court held that if a State denies a discrete group of
children the free public education that it offers to other children residing within its borders, it must
be able to show that doing so furthers a substantial state interest. Id. at 230. The Court concluded
that there was no evidence that a Texas law excluding children solely on the basis of their legal
status as undocumented immigrants was rationally related to any state interest. Id. at 227-230.
Nothing in Plyler precludes states from imposing reasonable school entrance requirements,
such as proof of immunizations. The Legislature's repeal of non-medical exemptions to those
vaccination requirements was rationally related to the goals of increasing overall school
vaccination rates and protecting students who are unable to be vaccinated for medical reasons.
Sincerely,
Aaron M. Frey
Attorney General

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