Thank you to John Gilmore of Autism Action Network for this summary of yesterday's decision from New York state. Thousands of children on IEPs who are not 100% in compliance with vaccination requirements, and who used their religious exemption will be sitting at home instead of attending school. Public school. Think of the effect on their parents, many of whom now have to stay home from work. Think of the the drop in income taxes taken in by the state. Think of the teachers who may be put out of work as student numbers fall. Think of the injustice of denying an education to HEALTHY children in America for lack of.... a chicken pox vaccine? This should be a voting issue in 2020 - the nation has stood up for the rights of every self-appointed cockamamie, yes, I said cockamamie, group in the alphabet - except NVC - not vaccine compliant. Stay tuned.
Judge denies preliminary injunction in NY lawsuit allowing spec ed students to return to class
The preliminary injunction was denied without hearing in V.D. v. State of New York, a case challenging the denial of school-based educations to special needs students with IEPs and 504 plans as a result of the repeal of the religious exemption from vaccine mandates to attend school. The following is the conclusion from the judge's ruling on the preliminary injunction:
"Plaintiffs’ children qualify for services under the IDEA, and they are entitled to continue to receive those same services if they return to school. Their status as children with disabilities, however, does not entitle them to an injunction banning the enforcement of a neutral, widely applicable state law. Plaintiffs’ objection to the repeal constitutes an affirmative choice to opt-out of public, private, and parochial schools—not a unilateral action on the part of defendants that interferes with or alters their rights under the IDEA. As a result, and for the foregoing reasons, they are not entitled to either a preliminary injunction or a stay-put order, and their motion is DENIED."
The denial of the preliminary injunction is not the final ruling for the suit. The attorneys are analyzing the decision and will comment later.