State ex rel. Milhoof v. Board of Education

Citations

• 76 Ohio St. (N.S.) 297

Syllabus

<p>School board may make and enforce rules for vaccination — Section ■ 3986, Revised Statutes, a valid enactment — Children not vaccinated may be excluded from public schools, when — Constitional law — Interpretation of law.</p> <p>1. Section 3986, Revised Statutes, authorizing and empowering the • boards of education of each school district, “to make and enforce such rules and regulations to secure the vaccination of, and to prevent the spread of smallpox among the pupils atr ten dirig or eligible to attend the schools of the district,, as in its .opinion the safety and interests of the public require,” is a valid enactment, not repugnant to the constitution of the state of Ohio, nor violative of the Fourteenth Amendment to the constitution of the United States. And under the power thereby conferred, boards of education, in the exercise of a sound discretion, may exclude from the public schools all. children who have not been vaccinated.</p> <p>2. The enactment of said statute by the general assembly was but a reasonable exercise of the police power of the state, and under its provisions, the validity of the action taken by a board of education in excluding from the public schools* all children who have not been vaccinated, or who do not furnish 'a physician’s certificate excusing them from vaccination, does not depend upon the actual existence of smallpox in the' school district or community, nor upon the apprehended epidemic of that disease.</p> <p>3. Whether a rule or regulation adopted by the board of education under favor of the provisions of .above Section 3986, is a reasonable rule or regulation, is to be judged of in the first instance by the board of education, and the courts will not interfere, unless it be clearly shown that there has been an abuse of official discretion.</p>