My school district is refusing to implement mask requirements for students and teachers. With covid getting so bad again

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Customer: My school district is refusing to implement mask requirements for students and teachers. With covid getting so bad again what are my options
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Kansas
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: I did speak with the president of the boe. I would like mask requirements to be implemented so my children can safely return to in person learning
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The district website has a "promise " that they ensure the safety and well being of every student
Answered by TraceyJ125 in 1 min 1 year ago
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TraceyJ125
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TraceyJ125
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TraceyJ125, Expert

Good afternoon, my name is ***** ***** I will be your legal expert for this question. I’ve been practicing law for 15 years and I’d be happy to resolve your question. Please note that this exchange does not constitute an attorney client relationship. There may be a delay in me responding because I am reviewing and researching your question. Please allow time for me to respond. If I am called away, I will respond to you as soon as I am able. Also feel free to ignore requests for a phone call. They are automated and are not coming from me directly.

Thank you for your question. I am reviewing it now and will respond here after.

Customer
Ok thank you
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TraceyJ125, Expert

Okay thank you. If the children are to return to the classroom, you can have the teacher ensure they keep their masks on throughout the day. Or you can ask what remote options may be available for them to learn from home. I know after everyone being home that isn't a popular choice but its something to consider.

Customer
We have considered that and it feels like our only choice. My kids won't have a problem wearing masks it is the other unvaccinated students amd staff that I am concerned about. I am concerned about their mental well being for being isolated for yet another year when we could all take simple steps to make sure ALL students are safe
Customer
What about the promise they have posted on the district website does that not matter are they not legally obligated to uphold those promises
Customer
Should I expect Any further responses from you it has been over an hour since our last message
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TraceyJ125, Expert

I'm sorry for the delay, I always return to my questions. I didn't see your responses until now...

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TraceyJ125, Expert

If your children are vaccinated and commit to wear the mask, and to further prevent isolation, they will probably be fine in school. I too am a mother with child in school and there are just no easy answers having to send our children to school at this time. Unfortunately the cases are continuing to rise right as we begin school, thankfully some state leaders are reversing course and are implementing a mask mandate.

Customer
I have children who are not old enough to be vaccinated and probably be fine is not a legal answer Thanks
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TraceyJ125, Expert

About the promise, as a concerned parent, I would contact the BOE or school board and get hard facts on how they intend to protect the children. They need to hear from concerned parents like you.

Customer
I have several time I have voiced my concerns on deaf ears that is why I am consulting with you
Customer
Are they required to uphold those promises
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TraceyJ125, Expert

The legal answer is why we're having this discussion. Unless your state/school board mandates that children wear masks, they have legally limited your options as a concerned parent.

Customer
They are clearly stated i
On the district website
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TraceyJ125, Expert

To answer your question, they are required to ensure the safety and health of the children. They are required to do that.

Customer
Which doesn't seem fair and should I not be entitled to require these changes
Customer
if people are unable to be vaccinated amd are around other unvaccinaged people without masks they are endangering my children no?
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TraceyJ125, Expert

Its just that the way the intend to implement that (based on what they choose to base it on (not science)) is what makes them meeting the requirement tricky to scrutinize...

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TraceyJ125, Expert

You are right.

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TraceyJ125, Expert

Th children are at risk and so they will direct you to consider remote options, I'm clear that is what they've been saying up to this point.

Customer
but my child has a right to attend In person and be safe
Customer
Thanks for your time that is all.i need I suppose
Customer
I have no rights as a parent is what I'm getting
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TraceyJ125, Expert

Right again. I wish I had more guidance to give you.

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TraceyJ125, Expert

Its not that you don't have rights is that parents who don't agree with the vaccination thing also have rights. And it is too that state government may be in the anti-vaxer camp which is political and partisan but that is how decisions are being made...

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TraceyJ125, Expert

To be clear the vaxer and anti-vaxer camps are political and partisan.

Customer
That's fine but why would they get both ends of the stick? If not vaccinated you should be required to mask. Period
Customer
Vaccinations are based on science
Customer
No Vax is not
Customer
It's public health not political
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TraceyJ125, Expert

Right again. You and I agree. The science supports vaccinations but we all don't have to agree with it. Public health should not be political but sadly it is. Your dilemma prove it.

Customer
It's really unfortunate thanks again I hope my children's mental health will survive I'm very concerned about their wellbeing
Customer
No one else is! It's disheartening
Customer
I do appreciate your input and guidance I wish you well
Customer
One last thing is there any lawyers in my area you could point me to its hard to find the right type of representation
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TraceyJ125, Expert

You as well.  The best attorney I can think to assist you would be Educational/Civil Rights.  Tell me your city and state and I will see what I can find.  No promises because that is a specialized area.

Customer
Wichita kansas
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TraceyJ125, Expert

Okay thank you. This is the best one that I found but I couldn't find that said they offered a free consultation. See this link: https://www.fleeson.com/practice-areas/education-and-school-law

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