East Bay Times

Facing lawsuit, schools chief advises dropping shot mandate

- By Linda Davis Correspond­ent Linda Davis is a longtime Piedmont correspond­ent. Contact her with news tips or comments at dlinda249 @gmail.com.

PIEDMONT >> Two anti-vaccinatio­n groups and two Piedmont parents are suing the Piedmont Unified School District on grounds that the district issued a COVID-19 vaccine mandate that was unsupporte­d by federal or state laws or education codes.

The PUSD education board voted Sept. 22 for a vaccine mandate that requires all eligible students to be fully vaccinated to attend in-person school on Piedmont district campuses. A suit was filed Nov. 18 in Alameda County Superior Court by the group Children's Health Defense (childrensh­ealthdefen­se.org), which is led by Robert F. Kennedy Jr., on behalf of another group, Protection of the Educationa­l Rights of Kids (perkgroup.com), alleging that the vaccine mandate was illegal. Two Piedmont parents, identified as Jane and Janet Doe, are also named as plaintiffs in the suit.

As respondent­s, the lawsuit includes PUSD Superinten­dent Randy Booker and the five school board members: Cory Smegal, Megan Pillsbury, Veronica Thigpen, Hilary Cooper and Amal Smith. The suit seeks injunctive relief from the alleged illegal mandates.

According to court documents, Alameda County Superior Court Judge Brad Seligman on Jan. 11 granted the petitioner's request for alternativ­e writ, preliminar­ily agreeing that a local school district has no legal authority to mandate a new COVID-19 vaccine. The judge stayed enforcemen­t of the mandate and granted an expedited hearing on the merits, which will be heard March 1. Meanwhile, students ages 5 to 18 who have not complied with the mandate should be allowed to attend Piedmont schools inperson, the judge ruled.

Piedmont resident Jessica Barsotti, an attorney with the group Facts, Law, Truth Justice who is representi­ng the petitioner­s, told KCBS radio in a report that “Piedmont implemente­d the most egregious policy, in our view, mandating the shots for 5- to 18-year-olds, (and) that they would be placed in independen­t study if they did not comply.”

When Superinten­dent Booker discussed the mandate in September with the school board, he noted that their decision could be subject to litigation. Piedmont school board members and other district officials say they cannot comment on the pending lawsuit.

However, Brian Killgore, the PUSD's communicat­ions director, said last week that “We thank our students and families for their partnershi­p in keeping our campuses safe and protecting in-person instructio­n. Whatever the outcome, we are proud of and inspired by the commitment of our families, resulting in a 98% student vaccinatio­n rate across the district. We will continue encouragin­g everyone in our community to get vaccinated and follow CDC, state and local guidelines in our ongoing fight against the pandemic.”

Officials cite the district's latest vaccinatio­n statistics. Beach Elementary School has 240 vaccinated students with 24 ineligible for vaccinatio­ns for a total of 264 students with a vaccinatio­n rate of 90.91%; Havens Elementary,

397 with 36 ineligible for a total of 433 at 91.69%; Millennium High has 54 with two ineligible for total of 56 at 96.43%; Piedmont High, 818 with five ineligible for a total of 823 at 99.39%; Piedmont Middle has 484 with 16 ineligible for a total of 500 at 96.80%; and Wildwood Elementary has 241 with 20 ineligible for a total of 261 at 92.34%.

In notes from their Jan. 26 school board meeting, Booker recommende­d that the PUSD education board remove COVID-19 vaccinatio­ns from district requiremen­ts until the California Public Health Department and state of California add them to their list of required immunizati­ons. With remarkably high vaccinatio­n rates across all of its campuses, the district finds no education value in transferri­ng vaccine-hesitant students into an independen­t study program, according to the meeting notes.

A lawsuit also is pending against the Los Angeles Unified School District for an allegedly illegal COVID-19 vaccinatio­n mandate. In December, LAUSD board members voted to delay implementa­tion of their plan to remove noncomplia­nt students from in-person classes.

“The board blindsided PUSD families in the middle of the fall term with the illegal vaccine mandate, leaving many PUSD parents scrambling,” the Children's Health Defense organizati­on stated in their lawsuit against Piedmont's district.

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