While Central Bucks School District (CBSD) Board reconvened Oct. 12 to pass several budget items and vote on a new board policies towards public comment, two legal cases against the district gained speed.
After raising over $40,000 (and still going) on the site Gofundme.com, 35 parents filed suit against the district on Aug. 27 on behalf of their children with disabilities, claiming that the district is refusing to provide accommodations for those students by willingly undermining the state masking order.
Currently, masking exemptions that the district hands out to students require only a parent’s signature, not a medical one.
The district was said to direct its staff to remind students who are not wearing masks to do so, but not to require an unmasked student to wear a mask, so as to “limit the amount of disruption to their learning environment.”
As shown in the suit, CBSD has received over 1,000 masking exemption requests for students for the school year. In a letter to the parents’ defense team, dated Oct. 13, the district has not officially granted any of those 1,000 or more medical exemptions because none of those who submitted medical exemption forms have agreed to undergo further evaluation under regulatory laws.
Under federal and state law, a student who does not qualify for special education services under educational law, still may qualify for services under Section 504 of the The Rehabilitation Act, which is a civil rights law. According to Pennsylvania Public School Code, “Section 504 and its accompanying regulations protect otherwise qualified handicapped students who have physical, mental or health impairments from discrimination because of those impairments.”
In direct opposition to the August suit, on Sept. 30, district parents Shannon Harris, Jamie Walker, Timothy Tressler and Christopher Doebler filed a civil action lawsuit against the district, saying that mandating their children to be masked in school was against their religious beliefs. Both Walker and Harris have sued the district on this topic before.
The Harris family said in the suit that they identify as Christian and that “it is against God’s will to wear masks ...”
Other parents said in the suit that their children suffered from physical and emotional distress wearing a mask during school.
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