Enlarge / California Gov. Gavin Newsom talks with 7th grade students at James Denman Middle School on October 01, 2021 in San Francisco, California. (credit: Getty | Justin Sullivan )

California Governor Gavin Newsom on Friday announced that the state will add COVID-19 vaccines to the list of immunizations students are required to get to attend in-person public and private schools.

California is the first state to announce such plans. COVID-19 vaccines will join the ranks of vaccine for measles, mumps, polio, hepatitis B, pertussis, tetanus, and chicken pox, which are already required for school attendance.

The mandate isn't immediate. The requirement will not kick in until the vaccine is fully approved by the Food and Drug Administration for school aged children. As such, the requirement will be phased in by grade groups—grades 7 through 12 and K-6—and begin at the start of the school term following full FDA approval.

Enlarge / President Joe Biden receiving a third dose of the Pfizer/BioNTech COVID-19 vaccine in the White House September 27, 2021. (credit: Getty Images | Anna Moneymaker )

President Biden's vaccine mandate is being challenged in a lawsuit filed by four active-duty US Air Force officers, a Secret Service agent, a Border Patrol agent, and four other federal employees or contractors. The lawsuit claimed that "convicted serial killers who have been sentenced to death receive more respect" than citizens who are required to take vaccines.

The lawsuit alleges that the vaccine mandate forces service members, federal employees, and federal employees to "inject themselves with: (1) a non-FDA approved product; (2) against their will; and (3) without informed consent." Plaintiffs seek a ruling that the vaccine mandates issued by Biden and the Department of Defense "violate the Fifth Amendment's guarantee of substantive due process" and "the equal protection component of the Fifth Amendment."

Plaintiffs also claim the mandate violates the Free Exercise and Establishment clauses of the First Amendment, the Religious Freedom Restoration Act, and other US laws including "Title VII of the Civil Rights Act of 1964 by discriminating against Plaintiffs and service members, federal employees, and federal contractors on the basis of their religion or disability." Biden's order does allow exceptions for medical or religious reasons but exemptions reportedly may be difficult to obtain .