Girl can't attend school without chicken pox vaccine

April 8, 2013 3:32:13 PM PDT
A 5-year-old girl on Staten Island is banned from her kindergarten class because she has not been vaccinated against the chicken pox.

She's actually under doctor's orders not to get vaccinated because if she does it could kill her baby sister.

Her parents are now facing quite a conundrum.

"You're looking for answers or the best way to help her, and no one will help you," said Elizabeth Wagner, a parent.

Elizabeth Wagner is heartbroken.

Her 5-year-old daughter, FrankieElizabeth, spent yet another day at home Monday after she was kicked-out of kindergarten at PS 36 on Staten Island.

The Department of Education is refusing to allow the little girl to return until she's vaccinated for chicken pox.

But, FrankieElizabeth has a newborn sister.

The family's doctor is refusing to vaccinate FrankieElizabeth because of the remote risk of an allergic reaction.

The doctor says that the newborn could become infected if the two come into contact.

"The doctor is telling me it could be harmful to the baby. Like I said, even if it's a small chance, I don't want to take the chance and give me any other parent that would take a chance with their newborn. I'm not willing to take that chance," Wagner said.

The Department of Education told Eyewitness News, "The medical exemption was denied after a thorough review with the parent and the student's doctor. A student can be excluded from school for not having the required vaccines."

"I know they're saying they made a decision after speaking with the doctor and the parent, it's completely untrue," Wagner said.

Elizabeth Wagner plans to appeal to the State of New York for a waiver.

FrankieElizabeth says she's really wants to be back at school.

"Why do you want to go back to school?" Eyewitness News asked.

"Because I miss my four best friends!" said FrankieElizabeth Staiti, kindergartner.