Mandatory vaccinations and school: what happens if I don’t vaccinate my child?

One of the questions parents most frequently ask concerns the consequences of failing to comply with vaccination requirements under Italian law. Specifically: can an unvaccinated child be enrolled in school? The answer varies depending on the school grade. The regulations are contained in Legislative Decree No. 73 of June 7, 2017, converted with amendments by Law No. 119 of July 31, 2017, which introduced the requirement of ten vaccinations for children aged 0 to 16.

What is the applicable law?

The key provision is Article 3 of Legislative Decree No. 73/2017, converted by Law No. 119/2017, which regulates the vaccination requirements required for enrollment in educational services and schools. The law clearly distinguishes between:

• educational services and preschool (0-6 years);
• primary school;
• Middle school;
• Higher secondary school.

This difference has very important consequences.

Preschool (nursery and kindergarten): no vaccinations allowed

For children enrolled in early childhood education services and preschool, the legislator has provided for the most severe consequence. If the parent does not demonstrate:

• vaccination;
• or an exemption, omission, or deferral for health reasons;
• or a formal vaccination request to the Local Health Authority (ASL),

the child cannot be admitted to preschool. This consequence is expressly provided for in Article 3 of Legislative Decree No. 73/2017.

Practical example

Marco is four years old and his parents decide not to have him vaccinated. The preschool verifies, through the documentation required by law or by exchanging data with the Local Health Authority (ASL), that the child is not up to date. In this case, Marco will not be able to attend preschool, whether state or private.

Primary school (elementary school): the child can be enrolled and attend

The situation changes completely with the start of compulsory schooling. For primary school, failure to comply with mandatory vaccinations does not result in a ban on enrollment or attendance. The school principal is still required to report the situation to the Local Health Authority, which will initiate the legally required procedure. Parents may be summoned by the Local Health Authority to regularize their vaccination status. If they persist in their non-compliance without a valid justification, they may be subject to an administrative fine of €100 to €500, as provided for by Article 1 of Legislative Decree No. 73/2017.

Practical example

Giulia is due to start first grade but has not received the mandatory vaccinations. The school cannot refuse enrollment or prevent her from attending. The situation will, however, be communicated to the Local Health Authority (ASL), which will encourage parents to comply with their vaccination obligations and may apply the administrative penalty provided by law.

Middle school (lower secondary school): the same rule applies

The same provisions established for primary school also apply to lower secondary school. Therefore:

• the student may be enrolled;
• he may attend classes regularly;
• the school cannot exclude him from attendance.

However, the obligation to notify the Local Health Authority (ASL) and any disciplinary proceedings against the parents remain in place.

Practical example

Luca is in the sixth grade of middle school, and his parents have decided not to receive the mandatory vaccinations. In this case, too, the school cannot prevent him from attending, but the Local Health Authority (ASL) may initiate the legally required procedure and apply the relevant administrative penalty. Why does the law distinguish between preschool and compulsory school? The legislator's choice stems from a balance between two constitutional interests:

• on the one hand, the protection of public health (Article 32 of the Constitution);
• on the other, the right to education, which becomes mandatory starting in primary school.

For this reason, only for educational services and preschool does the lack of mandatory vaccinations prevent attendance. In compulsory schooling, however, the child's right to education prevails: the student continues to attend, while the consequences of non-compliance fall on the parents through the administrative procedure established by law.

Conclusions

In summary: Preschool (nursery and kindergarten): without mandatory vaccinations, the child cannot attend school. Primary school: the child can be enrolled and attend, but parents can be summoned by the Local Health Authority and sanctioned. Middle school: the same rules apply as for primary school. The relevant legislation consists mainly of Articles 1, 3, and 3-bis of Legislative Decree No. 73/2017, converted into Law No. 119/2017, which is still in force.