Editor’s note:
This letter has been addressed to the attorney for my child’s School District, and has also been sent to my child’s Superintendent, Director of Special Education Services, and entire Board of Education. Please feel free to copy and paste and section that you feel may be helpful to you.
RE: Mask exemption denials, request for appeal conference, request for immediate IEP conference, OPRA Request
Dear Mr. Gorman:
It is my understanding that you are apprised of my communications with the District. At this time, I request you communicate directly with me. Pursuant to the ESEA Complaint Policy and Procedures, please consider this letter as my effort to resolve the issues being presented in my prior letters that to date, have been unsuccessfully resolved.
At the outset, I would reiterate my prior email requesting an immediate IEP conference. Our last conference occurred on or about May 17, 2021. Repeatedly, I was assured an IEP was not warranted at this time, despite the issues I raised in my April 2021 letter re: soaking masks, speech regression, nasal blockages. I was verbally assured that there would be no need for such efforts, as masks were not expected for September 2021.
Relying upon these representations, I halted our private efforts to seek a 504 diagnosis through our physician, clearly to our detriment.
Despite my objection to the procedures developed to adhere to EO 253, I attempted to comply with the District’s procedures. Doctors in large practices are being instructed not to write exemption letters.
I provided a multitude of records, a signed release, and I am presently serving as my child’s Doctor. My detailed request was promptly denied.
In my next OPRA request, I will be seeking:
1. Full copy of internal policy to review mask exemptions requests
2. Contract between reviewing physician and school, including any guidance from District to physician
3. Biography/CV of physician reviewing my son’s records
4. Notes, emails, calls, conclusions, letters exchanged between District and School Physician
5. Notes, emails, calls, conclusions, letters exchanged between District, School Physician and any released party on my initial exemption request
6. Analysis of number of exemption requests submitted to date, with delineation between those approved versus those denied
7. Full list of all vaccinated vs. unvaccinated teachers, staff, contractors and all personnel in contact with the (School Name) facility
8. Insurance contact, policy number, any bond agency insuring the District and Board of Education from liability for personal injuries of a student in effect from September 2020 to date.
9. Data that provides proof in which masks benefit the children in our district physically and medically.
10. Proof that masks cause no harm to the students emotionally, mentally, and physically.
11. A tally from the nurse’s log of the number of incidences of mask-related problems for the 2020-2021 school year including but not limited to:
Headaches, migraines
Lethargy, fatigue
Bloody nose
Skin lesions, rashes, and acne on the face
Skin breakdown behind the ears
Poor dentition – increased cavities, mouth sores, abscesses, canker sores
Reduced ability to concentrate
Cognitive decline
Exacerbation of mental health issues, including anxiety and depression
Difficulty breathing, shortness of breath
Difficulty learning
Heat exhaustion, heat-related illness
12. A school study/affirmative evidence that shows the communication between students, teachers, and peers have not been adversely affected by masks.
13. Study/Affirmative evidence the children with 504’s and IEPs have not declined in learning for the 2020-2021 school year.
As you can see, I will be seeking to ensure the safety of my own child, as you have elected to disregard and deny my own conclusion of his safety and needs.
See below: will the District be preemptively prepared to issue an exemption from mask wearing based upon anticipated first day? Other Districts are making such preparations so that parents can adequately instruct their children of their rights, and not have to rely on the ability of a young student to self-advocate for mask breaks.
How will the District ensure proper mask usage of each child? I have always sent 3 masks in per day, yet my son was never told to wash hands and replace his mask. It came home dangerously dirty and damp each day. I am fearful of further infections that he will incur as a result of the District’s inability to administer a medical device in the proper manner proscribed by CDC guidance.
Most importantly: I must reiterate that my son will be attending school against my objections. My son so enjoys his time at (School Name) that I am not yet prepared to remove him, despite the District’s refusal to honor even a religious exemption request from masking. As such, I will be conducting daily exams of his masks, speech, energy levels, and other physical, social and emotional criteria to determine whether conditions he suffered previously during the prior term have returned.
Finally, I must again state that I object to any masking of my child, and Covid-19 testing of my son without my prior and express consent, and any denials of his requests for a mask break.
I do not consent to the condition of daily masking as a precursor to my son’s receipt of an in-person, free and appropriate public education. His rights and remedies will be preserved for him through the age of majority and applicable statute of limitations.
Please guide your clients accordingly.
Perhaps you would like to discuss this matter by phone. I have left you a few messages to date. Again, I can be reached at xxx-xxx-xxxx.
Thank you.
Kristen Sinclair, Esquire
Please send to Melizabethnj@gmail.com
I have a medical exemption for my child and the recommendation for it to be added to his IEP. I have not yet had it reviewed by the school physician and appreciate your help so much. I feel better guided at what my next steps will be. Thank you