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Independent study charter schools are a soft spot in California's vaccine laws, data show

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Independent study charter schools are a soft spot in California's vaccine laws, data show

Heartland Charter School in Kern County has several dream field trips on the calendar this spring, including tours of In-N-Out Burger, an Amtrak train ride along the Central Coast and a matinee performance of “Harry Potter and the Cursed Child” at the Hollywood Pantages.

The outings may not seem unusual, but Heartland’s student body differs from other California schools in one major way.

Just 5% of Heartland’s 810 kindergarten students received all their childhood vaccines last year, and 9% were vaccinated against measles, according to a Times analysis of data that California schools report to the state. The vaccination rate for kindergarten students across the state last year was 93.7%.

Heartland is among the largest of California’s independent study charter schools, which allow parents to enroll their children in the public school system but avoid the state’s strict vaccine requirements by educating them at home or online.

Such programs — sometimes called homeschool charters, online charters or virtual charters — boomed during the COVID-19 pandemic and offer more flexibility than a traditional school.

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They also serve as a legal refuge for California parents who don’t want to vaccinate their children or leave the public school system. Some public health departments in the Golden State attribute declining vaccination rates to such programs, which can enroll hundreds or even thousands of children.

The publicly funded schools are among the few remaining soft spots in California’s stringent childhood vaccination laws, which lawmakers tightened after a measles outbreak that began at Disneyland in 2014 sickened more than 300 people.

In 2015, lawmakers passed Senate Bill 277, which banned personal belief exemptions for childhood vaccinations. In 2019, they tightened scrutiny of medical exemptions for unvaccinated children. The laws still allow parents to skip immunizations for children who are enrolled in independent study programs and do not “receive classroom-based instruction.”

But the state’s vaccination laws don’t specify what “classroom-based instruction” means, including whether students must be vaccinated if they attend some in-person classes offered by their school or by a third-party vendor, or if they attend school-sanctioned activities such as field trips, soccer practice or prom.

“There is a tremendous amount of gray area,” said Jeff Rice, the founder and director of Assn. of Personalized Learning Schools & Services, or APLUS+, a trade group for charter schools with students who pursue a mix of in-person, at-home and online learning.

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Under California’s education code, a school is “nonclassroom-based” if 80% of learning occurs off campus.

When California tightened its vaccination laws, Rice said that he pressed for clarity in immunization requirements for students who don’t attend traditional in-person schools five days a week. Rather than define what “nonclassroom- based instruction” meant, he said, the state left that decision to the school boards and county education offices that regulate charter schools.

Among the 100 schools that are APLUS+ members, Rice said, two-thirds of students take classes in person at least one day a week.

“Vaccinations are an issue for a small percentage of parents who have very strong and passionate feelings about it,” Rice said. Schools with low vaccination rates, he said, “are a reflection of the values of that individual community.”

According to a state Department of Education statement, the Department of Public Health oversees the California law that “outlines the rules for mandatory immunizations.” A spokesperson for Public Health said the department “does not have regulatory authority over this issue,” and added that “decisions on student participation in school field trips or athletics are decided at the local level.”

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The U.S. is in the midst of the largest measles outbreak in six years, with 800 cases and three deaths reported in 25 states, including nine cases in California.

Dr. Shannon Udovic-Constant, a pediatrician in San Francisco and the president of the California Medical Assn., said measles is “incredibly contagious,” spreading when someone coughs or sneezes and lingering in the air for up to two hours. She said 90% of unvaccinated people who are exposed will contract measles.

To be unvaccinated, she said, “is a risk, and it’s a risk you can’t see.”

The vast majority of unvaccinated students are enrolled in individualized education plans or independent study programs, which under state law means they don’t have to be vaccinated. The number of students who reported medical exemptions granted by doctors is very low.

Most of the state’s largest online charter schools had low vaccination rates, but not all. River Springs Charter in Riverside County, which reported a mix of online and in-person instruction, said that 77% of its 1,036 kindergarten students were up to date on all their vaccines last year, state data show.

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Feather River Charter School in Sutter County, part of the Sequoia Grove Charter Alliance in Northern California, reported to state regulators that the program is 100% “nonclassroom-based.” Last year, 18% of the school’s 321 kindergarten students were up to date on all their vaccines and 21% were vaccinated against measles. Two other schools in the alliance also reported overall vaccination rates below 20% last year.

The alliance’s website includes a calendar featuring a “Tween/Teen Games Meet Up” in Elk Grove, regular library visits and a masquerade-themed prom night Friday. A video posted on Feather River’s Facebook shows a large group of kids attending a recent field trip to Shasta Caverns.

At Visions in Education in Sacramento County, 40% of the school’s 580 kindergarten students were up to date on all their shots last year and 44% were vaccinated against measles, according to state data. The school requires students in seventh grade and above to get their Tdap booster, which provides elevated immunity against tetanus, diphtheria, and pertussis, or whooping cough. On its Instagram account, the school has marketed a middle school soccer club and an ice-skating field trip.

Representatives for Heartland and the Sequoia Grove alliance did not respond to requests for comment.

“As a longtime part of California’s public school community, our commitment to accountability includes following the state and federal laws,” Visions in Education Supt. Steve Olmos said in an emailed statement.

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Olmos did not address questions on whether students have to be vaccinated to participate in field trips or group sports, but said the school has a “comprehensive system in place to ask families for their students’ vaccine history at several points during their enrollment.”

Former state Sen. Richard Pan, a Sacramento Democrat who wrote California’s vaccine laws, said regularly gathering in person “certainly violates the spirit of the law.” Still, he said the low vaccination rates at online charter schools didn’t surprise him, because he knew when he wrote SB 277 that not every parent would vaccinate their kids.

“Having an online school or an independent study program where they’re not in school with all the other kids was a deliberate option that we provided to those families,” Pan said. But, he said, getting a cohort of unvaccinated children together puts them in danger of contracting communicable disease.

“They shouldn’t be doing that on a regular or frequent basis,” he said.

Lance Christensen, vice president of education policy and government affairs at the California Policy Center, a conservative think tank, disputed the idea that some schools and parents are using the online programs to avoid vaccination requirements while still operating in similar ways to traditional in-person classrooms.

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“There is no such thing as loopholes in the law,” Christensen said. “They are using whatever legal means they have to do whatever they want to do. Whether I agree with it or not, I don’t care…. I’m not everybody’s dad.”

Christensen, who unsuccessfully ran for superintendent of public instruction in 2022, said he vaccinated his five children and believes in the importance of some childhood immunizations.

Like many families during the pandemic, he also enrolled his children in virtual charter schools when their Sacramento-area schools remained closed. Many families, he said, choose these schools for a variety of reasons, whether vaccine-related or because they think they offer better education than traditional in-person public schools.

Tom Reusser, Sutter County Schools’ superintendent, said such virtual schools were largely to blame for the county’s childhood immunization rate, which, at 73%, is the state’s lowest. Most of the traditional, in-person public schools in his district have reported vaccination rates largely about 95%, he said.

“Pull the charters out, and we’re doing just fine,” Reusser said.

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Public health officials in Sutter County also attributed their decline in vaccination rates to a “small number of charter schools and independent study students.” The “majority” of the students enrolled in those schools don’t live in the county, they said.

Homeschool and online charters can enroll students from both their home counties and surrounding counties. Feather River, for example, serves students in Sutter, Butte, Yuba, Placer, Sacramento, Yolo and Colusa counties, according to the school’s website. Kern County schools such as Heartland can also enroll students from San Bernardino, Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Kings, Tulare and Inyo counties, a potential attendance area of hundreds of miles.

At Heartland, parents are asked to keep their children home if anyone in the household is sick, but vaccination requirements aren’t mentioned. In a Q&A posted on its website, Feather River, the school in Sutter County, notes that because the school is an “independent study program with no classroom-based instruction,” immunizations are not required.

“While you will be asked to submit an immunization form at the time of enrollment, it does not need to be complete and will not affect your enrollment status,” the website reads.

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Diablo Canyon clears last California permit hurdle to keep running

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Diablo Canyon clears last California permit hurdle to keep running

Central Coast Water authorities approved waste discharge permits for Diablo Canyon nuclear plant Thursday, making it nearly certain it will remain running through 2030, and potentially through 2045.

The Pacific Gas & Electric-owned plant was originally supposed to shut down in 2025, but lawmakers extended that deadline by five years in 2022, fearing power shortages if a plant that provides about 9 percent the state’s electricity were to shut off.

In December, Diablo Canyon received a key permit from the California Coastal Commission through an agreement that involved PG&E giving up about 12,000 acres of nearby land for conservation in exchange for the loss of marine life caused by the plant’s operations.

Today’s 6-0 vote by the Central Coast Regional Water Board approved PG&E’s plans to limit discharges of pollutants into the water and continue to run its “once-through cooling system.” The cooling technology flushes ocean water through the plant to absorb heat and discharges it, killing what the Coastal Commission estimated to be two billion fish each year.

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The board also granted the plant a certification under the Clean Water Act, the last state regulatory hurdle the facility needed to clear before the federal Nuclear Regulatory Commission (NRC) is allowed to renew its permit through 2045.

The new regional water board permit made several changes since the last one was issued in 1990. One was a first-time limit on the chemical tributyltin-10, a toxic, internationally-banned compound added to paint to prevent organisms from growing on ship hulls.

Additional changes stemmed from a 2025 Supreme Court ruling that said if pollutant permits like this one impose specific water quality requirements, they must also specify how to meet them.

The plant’s biggest water quality impact is the heated water it discharges into the ocean, and that part of the permit remains unchanged. Radioactive waste from the plant is regulated not by the state but by the NRC.

California state law only allows the plant to remain open to 2030, but some lawmakers and regulators have already expressed interest in another extension given growing electricity demand and the plant’s role in providing carbon-free power to the grid.

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Some board members raised concerns about granting a certification that would allow the NRC to reauthorize the plant’s permits through 2045.

“There’s every reason to think the California entities responsible for making the decision about continuing operation, namely the California [Independent System Operator] and the Energy Commission, all of them are sort of leaning toward continuing to operate this facility,” said boardmember Dominic Roques. “I’d like us to be consistent with state law at least, and imply that we are consistent with ending operation at five years.”

Other board members noted that regulators could revisit the permits in five years or sooner if state and federal laws changes, and the board ultimately approved the permit.

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Deadly bird flu found in California elephant seals for the first time

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Deadly bird flu found in California elephant seals for the first time

The H5N1 bird flu virus that devastated South American elephant seal populations has been confirmed in seals at California’s Año Nuevo State Park, researchers from UC Davis and UC Santa Cruz announced Wednesday.

The virus has ravaged wild, commercial and domestic animals across the globe and was found last week in seven weaned pups. The confirmation came from the U.S. Department of Agriculture’s National Veterinary Services Laboratory in Ames, Iowa.

“This is exceptionally rapid detection of an outbreak in free-ranging marine mammals,” said Professor Christine Johnson, director of the Institute for Pandemic Insights at UC Davis’ Weill School of Veterinary Medicine. “We have most likely identified the very first cases here because of coordinated teams that have been on high alert with active surveillance for this disease for some time.”

Since last week, when researchers began noticing neurological and respoiratory signs of the disease in some animals, 30 seals have died, said Roxanne Beltran, a professor of ecology and evolutionary biology at UC Santa Cruz. Twenty-nine were weaned pups and the other was an adult male. The team has so far confirmed the virus in only seven of the dead pups.

Infected animals often have tremors convulsions, seizures and muscle weakness, Johnson said.

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Beltran said teams from UC Santa Cruz, UC Davis and California State Parks monitor the animals 260 days of the year, “including every day from December 15 to March 1” when the animals typically come ashore to breed, give birth and nurse.

The concerning behavior and deaths were first noticed Feb. 19.

“This is one of the most well-studied elephant seal colonies on the planet,” she said. “We know the seals so well that it’s very obvious to us when something is abnormal. And so my team was out that morning and we observed abnormal behaviors in seals and increased mortality that we had not seen the day before in those exact same locations. So we were very confident that we caught the beginning of this outbreak.”

In late 2022, the virus decimated southern elephant seal populations in South America and several sub-Antarctic Islands. At some colonies in Argentina, 97% of pups died, while on South Georgia Island, researchers reported a 47% decline in breeding females between 2022 and 2024. Researchers believe tens of thousands of animals died.

More than 30,000 sea lions in Peru and Chile died between 2022 and 2024. In Argentina, roughly 1,300 sea lions and fur seals perished.

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At the time, researchers were not sure why northern Pacific populations were not infected, but suspected previous or milder strains of the virus conferred some immunity.

The virus is better known in the U.S. for sweeping through the nation’s dairy herds, where it infected dozens of dairy workers, millions of cows and thousands of wild, feral and domestic mammals. It’s also been found in wild birds and killed millions of commercial chickens, geese and ducks.

Two Americans have died from the virus since 2024, and 71 have been infected. The vast majority were dairy or commercial poultry workers. One death was that of a Louisiana man who had underlying conditions and was believed to have been exposed via backyard poultry or wild birds.

Scientists at UC Santa Cruz and UC Davis increased their surveillance of the elephant seals in Año Nuevo in recent years. The catastrophic effect of the disease prompted worry that it would spread to California elephant seals, said Beltran, whose lab leads UC Santa Cruz’s northern elephant seal research program at Año Nuevo.

Johnson, the UC Davis researcher, said the team has been working with stranding networks across the Pacific region for several years — sampling the tissue of birds, elephant seals and other marine mammals. They have not seen the virus in other California marine mammals. Two previous outbreaks of bird flu in U.S. marine mammals occurred in Maine in 2022 and Washington in 2023, affecting gray and harbor seals.

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The virus in the animals has not yet been fully sequenced, so it’s unclear how the animals were exposed.

“We think the transmission is actually from dead and dying sea birds” living among the sea lions, Johnson said. “But we’ll certainly be investigating if there’s any mammal-to-mammal transmission.”

Genetic sequencing from southern elephant seal populations in Argentina suggested that version of the virus had acquired mutations that allowed it to pass between mammals.

The H5N1 virus was first detected in geese in China in 1996. Since then it has spread across the globe, reaching North America in 2021. The only continent where it has not been detected is Oceania.

Año Nuevo State Park, just north of Santa Cruz, is home to a colony of some 5,000 elephant seals during the winter breeding season. About 1,350 seals were on the beach when the outbreak began. Other large California colonies are located at Piedras Blancas and Point Reyes National Sea Shore. Most of those animals — roughly 900 — are weaned pups.

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It’s “important to keep this in context. So far, avian influenza has affected only a small proportion of the weaned at this time, and there are still thousands of apparently healthy animals in the population,” Beltran said in a press conference.

Public access to the park has been closed and guided elephant seal tours canceled.

Health and wildlife officials urge beachgoers to keep a safe distance from wildlife and keep dogs leashed because the virus is contagious.

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When slowing down can save a life: Training L.A. law enforcement to understand autism

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When slowing down can save a life: Training L.A. law enforcement to understand autism

Kate Movius moved among a roomful of Los Angeles County sheriff’s deputies, passing out a pop trivia quiz and paper prism glasses.

She told them to put on the vision-distorting glasses, and to write with their nondominant hand. As they filled out the tests, Movius moved about the City of Industry classroom pounding abruptly on tables. Then came the cowbell. An aide flashed the overhead lights on and off at random. The goal was to help the deputies understand the feeling of sensory overwhelm, which many autistic people experience when incoming stimulation exceeds their capacity to process.

“So what can you do to assist somebody, or de-escalate somebody, or get information from someone who suffers from a sensory disorder?” Movius asked the rattled crowd afterward. “We can minimize sensory input. … That might be the difference between them being able to stay calm and them taking off.”

Movius, founder of the consultancy Autism Interaction Solutions, is one of a growing number of people around the U.S. working to teach law enforcement agencies to recognize autistic behaviors and ensure that encounters between neurodevelopmentally disabled people and law enforcement end safely.

She and City of Industry Mayor Cory Moss later passed out bags filled with tools donated by the city to aid interactions: a pair of noise-damping headphones to decrease auditory input, a whiteboard, a set of communication cards with words and images to point to, fidget toys to calm and distract.

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“The thing about autistic behavior when it comes to law enforcement is a lot of it may look suspicious, and a lot of it may feel very disrespectful,” said Movius, who is also the parent of an autistic 25-year-old man. Responding officers, she said, “are not coming in thinking, ‘Could this be a developmentally disabled person?’ I would love for them to have that in the back of their minds.”

A sheriff’s deputy reads a pamphlet on autism during the training program.

(Genaro Molina / Los Angeles Times)

Autism spectrum disorder is a developmental condition that manifests differently in nearly every person who has it. Symptoms cluster around difficulties in communication, social interaction and sensory processing.

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An autistic person stopped by police might hold the officer’s gaze intensely or not look at them at all. They may repeat a phrase from a movie, repeat the officer’s question or temporarily lose their ability to speak. They might flee.

All are common involuntary responses for an autistic person in a stressful situation, which a sudden encounter with law enforcement almost invariably is. To someone unfamiliar with the condition, all could be mistaken for intoxication, defiance or guilt.

Autism rates in the U.S. have increased nearly fivefold since the Centers for Disease Control began tracking diagnoses in 2000, a rise experts attribute to broadening diagnostic criteria and better efforts to identify children who have the condition.

The CDC now estimates that 1 in 31 U.S. 8-year-olds is autistic. In California, the rate is closer to 1 in 22 children.

As diverse as the autistic population is, people across the spectrum are more likely to be stopped by law enforcement than neurotypical peers.

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About 15% of all people in the U.S. ages 18 to 24 have been stopped by police at some point in their lives, according to federal data. While the government doesn’t track encounters for disabled people specifically, a separate study found that 20% of autistic people ages 21 to 25 have been stopped, often after a report or officer observation of a person behaving unusually.

Some of these encounters have ended in tragedy.

In 2021, Los Angeles County sheriff’s deputies shot and permanently paralyzed a deaf autistic man after family members called 911 for help getting him to a hospital.

Isaias Cervantes, 25, had become distressed about a shopping trip and started pushing his mother, his family’s attorney said at the time. He resisted as two deputies attempted to handcuff him and one of the deputies shot him, according to a county report.

In 2024, Ryan Gainer’s family called 911 for support when the 15-year-old became agitated. Responding San Bernardino County sheriff‘s deputies shot and killed him outside his Apple Valley home.

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Last year, police in Pocatello, Idaho, shot Victor Perez, 17, through a chain-link fence after the nonspeaking teenager did not heed their shouted commands. He died from his injuries in April.

Autism Interaction Solutions program in the City of Industry.

Sheriff’s deputies take a trivia quiz using their non-writing hands, while wearing vision-distorting glasses, as Kate Movius, standing left, and Industry Mayor Cory Moss, right, ring cowbells. The idea was to help them understand the sensory overwhelm some autistic people experience.

(Genaro Molina / Los Angeles Times)

As early as 2001, the FBI published a bulletin on police officers’ need to adjust their approach when interacting with autistic people.

“Officers should not interpret an autistic individual’s failure to respond to orders or questions as a lack of cooperation or as a reason for increased force,” the bulletin stated. “They also need to recognize that individuals with autism often confess to crimes that they did not commit or may respond to the last choice in a sequence presented in a question.”

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But a review of multiple studies last year by Chapman University researchers found that while up to 60% of officers have been on a call involving an autistic person, only 5% to 40% had received any training on autism.

In response, universities, nonprofits and private consultants across the U.S. have developed curricula for law enforcement on how to recognize autistic behaviors and adapt accordingly.

The primary goal, Movius told deputies at November’s training session, is to slow interactions down to the greatest extent possible. Many autistic people require additional time to process auditory input and verbal responses, particularly in unfamiliar circumstances.

If at all possible, Movius said, wait 20 seconds for a response after asking a question. It may feel unnaturally long, she acknowledged. But every additional question or instruction fired in that time — what’s your name? Did you hear me? Look at me. What’s your name? — just decreases the likelihood that a person struggling to process will be able to respond at all.

Moss’ son, Brayden, then 17, was one of several teenagers and young adults with autism who spoke or wrote statements to be read to the deputies. The diversity of their speech patterns and physical mannerisms showed the breadth of the spectrum. Some were fluently verbal, while others communicated through signs and notes.

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“This population is so diverse. It is so complicated. But if there’s anything that we can show [deputies] in here that will make them stop and think, ‘Hey, what if this is autism?’ … it is saving lives,” Moss said.

Cory Moss and Kate Movius hug

Mayor Cory Moss, left, and Kate Movius hug at the end of the training program last November. Movius started Autism Interaction Solutions after her son was born with profound autism.

(Genaro Molina / Los Angeles Times)

Some disability advocates cautioned that it takes more than isolated training sessions to ensure encounters end safely.

Judy Mark, co-founder and president of the nonprofit Disability Voices United, says she trained thousands of officers on safe autism interactions but stopped after Cervantes’ shooting. She now urges families concerned about an autistic child’s safety to call an ambulance rather than law enforcement.

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“I have significant concern about these training sessions,” Mark said. “People get comfort from it, and the Sheriff’s Department can check the box.”

While not a panacea, supporters argue that a brief course is better than no preparation at all. Some years ago, Movius received a letter from a man whose profoundly autistic son slipped away as the family loaded their car at the beach. He opened the unlocked door of a police vehicle, climbed into the back and began to flail in distress.

Though surprised, the officer seated at the wheel de-escalated the situation and helped the young man find his family, the father wrote to Movius. He had just been to her training.

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