Schwartz, who is a lawyer, said he's preparing to sue the state again.

In June, the New York State Legislature and Governor Andrew Cuomo repealed the religious exemption for vaccines.

In August, the state Department of Health made stricter rules for medical exemptions and that's why Thorn's got denied.

In September, Thorn was barred from his school over vaccines.

From his home in Penn Yan, Schwartz says his son isn’t doing well.

"Well, Thorn, we've said it, he needs to be in school, where he has a structured environment," Schwartz said.

There are multiple lawsuits against the state over vaccine exemptions, including one by a mother in Stueben County.

While the court ruled in favor of the state, State Supreme Court Judge Robert Wiggins said the state showed "callous disregard" for parents whose children have been barred from school.

"Could not other, less Draconian, measures have been chosen, such as, perhaps, providing tutors for displaced children?" Judge Wiggins said.

In an email, News10NBC asked if the state has ever considered in-home tutoring for children who must be homeschooled because of decisions on vaccine exemptions.

The state responded with a list of data on vaccines and said it doesn't comment when it's getting sued.

Click here for the link to vaccine information

Prior to the state's repeal, the number of religious exemptions in New York was going up.

The state's data shows that the number of children who were getting medical exemptions, like Thorn, was going down.

Last year in Monroe County, only .13% of students got medical exemptions. That's 140 out of 105,000 students.

Thorn was one of them.

"At the end of the day I think there are fewer people than we imagined would be in the fight but we have a lot to fight about because our kids would be very significantly damaged by these vaccines,” Schwartz said, “these are the guys that need protection."

Schwartz pulled his original lawsuit against his son's school because Thorn's doctor didn't use the updated form.

Because Thorn got denied again last week using the proper form, Schwartz says he is preparing to sue again and he thinks he might file downstate, where the measles issue was concentrated last year.