Justin Guiliano, an unvaccinated student at Ellenville High School, was dismissed from school September 19. A new state law that ended non-medical exemptions to vaccinations for school children was the reason, confirmed by his mother Jamie Guiliano.

Justin was reportedly told to leave during his lunch break, while friends and fellow students worried what would happen next and if he could finish his last year of high school. However, he has not been suspended from school.

"My family and I decided not to vaccinate," said Marcus Guiliano, Justin’s father, who is staunchly opposed to vaccinations. As a result, Justin won’t participate in the state mandate.

Justin is an excellent student and has quite a full roster of Ellenville High School sports under his belt. He has a .333 batting average, was an all-star basketball player, and led the soccer team. Justin was also a member of the Honor Society.

When interviewed by the Shawangunk Journal, Justin said he had two options. “I could go out of state to a high school. Or I could homeschool. I have completed all the core classwork and I’ve done the Regents exams.”

Ultimately Justin decided to go the homeschooling route.

Justin noted that his coaches for soccer, basketball and baseball will be missing his presence on the Blue Devils teams where he has been a leading athletic figure the past two years.

Ellenville High School Principal Carl Pabon said four area students have had to face the same choices now that they are no longer exempt, though the number may change depending on how the families decide to handle the new mandate. Pabon also suggested that one family of a student may issue a legal challenge against the state’s mandate; he did not disclose any other details.

The law applies to kids from zero to eighteen years old. Justin is seventeen and won’t be eighteen until next spring. According to the New York Times, about 26,000 other New York children are facing similar expulsions.

Despite their plans to homeschool, the Guilianos felt the school district handled the situation well. At this point, they are studying the paperwork that must be filed for homeschooling, and are working to obtain whatever educational materials, books, or programs may be required.

When asked about the option of moving to SUNY Ulster, and perhaps playing in its soccer, basketball, and baseball teams, Marcus said that it wouldn’t fit with NCAA requirements. Justin has a scholarship to Canisius College, beginning in September 2020. He will play baseball for that school. Canisius occupies a 72-acre campus in Buffalo and is a leading Jesuit Catholic private university.

Under the legislation signed by Governor Andrew Cuomo in June, the state removed non-medical exemptions, such as religious exemptions, from school vaccination requirements for children. The legislation said, “No principal, teacher, owner or person in charge of a school shall permit any child to be admitted to such school, or to attend such school, in excess of fourteen days,” without providing evidence of immunization. However, it notes that a 30-day extension could be given if the student’s legal guardian can show that the student has received at the least the first dose of the required vaccinations, and has appointments for follow-up doses. Parents also have the right to appeal the school’s decision.

School attendance requires the following vaccinations: Diphtheria and Tetanus; Hepatitis B; Measles, Mumps and Rubella; Polio; Varicella (Chickenpox); Meningococcal conjugate; Haemophilus influenzae type b; and Pneumococcal Conjugate.

The law was enacted in response to the recent measles outbreaks in the state. “As a result of non-medical vaccination exemptions, many communities across New York have unacceptably low rates of vaccination, and those unvaccinated children can often attend school where they may spread the disease to other unvaccinated students. This new law will help protect the public amid this ongoing outbreak,” Cuomo’s announcement said at the time.

According to the New York State Department of Health, there have been 423 documented cases of measles since last October, excluding New York City. While Ulster County has not reported any outbreaks, Orange County has had 57 confirmed cases of measles and Sullivan County has had nineteen.

Justin may not be allowed to attend school this year, but he has said that he intends to return to Ellenville High School after his 18th birthday on May 3, 2020, when he will no longer be governed by the state law. He still wishes to graduate with his peers.