COVID-19 Vaccination and Schools: Questions & Answers from the National School Boards Association - Updated August 2, 2021

Oct 15, 2026

A Q&A addresses COVID-19 vaccination policies affecting schools, drawing on federal guidance and public health resources. It explains that the federal government has not issued a nationwide vaccination mandate, discusses Supreme Court precedent through Jacobson and related cases, and notes that authority is largely exercised by states. The document evaluates whether states can require vaccinations, whether school districts may require staff vaccination in the absence of mandates, and what legal and practical considerations apply, including exemptions for medical conditions and religious beliefs.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages7

Reading Time18 min

AccessFree to download

Where to find the latest federal guidance on COVID-19 practices

Has the federal government issued a mandate requiring vaccination?

Do states have the authority to require residents to get the COVID-19 vaccine?

Can school districts require employees to get vaccinated without a state mandate?

What issues should a school district consider before requiring employee vaccination?

COVID-19 Vaccination and Schools: Questions & Answers from the National School Boards Association Updated August 2, 2021 (published July 26) 1. Where can I find the latest federal guidance on COVID-19 practices, including vaccines? Almost every federal department and agency offers guidance regarding COVID-19 practices, but not all discuss vaccines. Some of the most recent guidance of value to school districts includes the usagov website’s COVID-19 webpage, which contains links to several federal resources, including the U.S. Department of Education’s COVID-19 Resources for Schools, Students, and Families. In addition, the Centers for Disease Control and Prevention’s COVID-19 website links to a number of COVID-19 resources, including its Schools and Child Care Programs page, offering guidance and resources on topics like Operational Strategy for K-12 Schools through Phased Prevention, Managing Daily Operations and Guidance for COVID-19 Prevention in Kindergarten (K)-12 Schools. It is important to check these websites frequently, as agencies are continuing to update and issue COVID-19 resources and guidance. 2. Has the federal government issued a mandate requiring everyone within U.S. borders to get the Covid-19 vaccination? No, the federal government has not issued a mandate requiring everyone within U.S. borders to get the COVID-19 vaccine. But the Supreme Court ruled over one hundred years ago that state and local governments could require individuals within their jurisdictions to be vaccinated against preventable diseases, such as smallpox. And, although no specific court case or federal law has addressed it, the Court seemed to presume that the federal government has the constitutional authority to impose mandatory vaccination under certain emergency circumstances, such asa pandemic. In 1905, the U.S. Supreme Court issued a landmark decision in Jacobson v. Commonwealth of Massachusetts, upholding a Cambridge, Massachusetts regulation requiring all residents of the city to be vaccinated against smallpox, with a limited exception for children.1 The Supreme Court upheld that ruling in 1922, in a case challenging San Antonio, Texas’ requirement that children attending public schools must present a certificate of vaccination. In Zucht v. King, the Supreme Court affirmed the holding in Jacobson without detailed discussion.2 Today, the Jacobson rule is well-settled, but to date the Supreme Court has not addressed the issue of whether the federal government can impose a national vaccination mandate, so it is not clear whether the federal government has the constitutional authority to impose mandatory vaccination for COVID-19 nationwide. Both Jacobson and the National Childhood Vaccine Injury Act of 1986 (NCVIA), which grants federal health authorities expansive power to combat the spread of communicable disease among the public, may provide some justification that such authority exists under the U.S. Constitution.3 However, there is no direct federal statutory language that spells out such authority or U.S. Supreme Court precedent establishing the federal government has such constitutional authority. According to a Johns Hopkins Bloomberg School of Public Health COVID-19 vaccine Q&A, the decision on whether COVID-19 vaccinations are made mandatory falls to the individual states.4 The Q&A cites the U.S. Supreme Court decision in Jacobson as establishing that states have the authority to compel vaccinations.5 The Q&A notes that states could elect to require that people who live within that state be vaccinated.6 The Centers for Disease Control and Prevention (CDC) clearly state that the federal government does not mandate COVID-19 vaccination for individuals.7 3. Do states have the authority to require their residents to get the COVID-19 vaccine? Are there any states that require it? Jacobson and its progeny suggest that states could mandate COVID-19 vaccination. Currently no state has imposed such a mandate.8

FAQs

Where can school districts find the latest federal guidance on COVID-19 practices, including vaccines?

Use federal resources such as usagov’s COVID-19 webpage and the U.S. Department of Education’s COVID-19 resources for schools, students, and families. Also check CDC pages, including Schools and Child Care Programs, and review these sites frequently as guidance is updated.

Has the federal government issued a mandate requiring everyone in the U.S. to get the COVID-19 vaccine?

No. The document states the federal government has not mandated vaccination for individuals, and notes Supreme Court precedent on state and local authority, while observing that the Court has not directly ruled on a nationwide federal mandate for COVID-19.

Can school districts require employees to get vaccinated before returning to work, and what legal basis supports it?

There is no specific federal law addressing the issue directly. The document says employers and state or local laws determine requirements, and cites recent EEOC guidance indicating employers may be able to require vaccination as a condition of hire or continued employment, with consistency to state and local law and the need for exceptions.

Oct 15, 2026

Uploaded by Jordan Avery