Students with Disabilities and Their Parents Sue Cobb County School District for Discrimination in Federal Court
ATLANTA–The Cobb County School District’s failure to implementand enforcerecommended safety protocols toreducethe spread of COVID-19in itsschoolsunlawfullydeniesstudents with disabilitiesaccess to a safe,in-person learning environment, according toafederal lawsuitfiledagainstthe school districttoday on behalf of four Cobb County students and their parents.
The lawsuit, filed in the U.S. District Court for the Northern District of Georgia’s Atlanta Division, describeshow students with disabilities and medicalconditionsare being harmedby theschool徱ٰ’slack of COVID-19protocols.The school district blatantly ignored the rights of students with disabilities to safe accommodations under the Americans with Disabilities Act and section 504 of the Rehabilitation Act which prohibits government entities from denying individuals with disabilities equal access to public benefits and services.
The students and their parents are seeking anemergencycourt orderrequiring the Cobb County School District to immediately begin implementing CDC guidelines for COVID-19 prevention in K-12 schools so that students can access safe, in-person education opportunities.The student plaintiffs havemedicalconditions that make them more susceptible to severe illnessesif they were to contract COVID-19,includingDuchenne Muscular Dystrophy, obstructed breathingand severe asthma, and a compromised immune system resulting fromchildhoodleukemia.
Between March 22 and May2,2021, parentswere required tosignacommitment formforin-person or virtuallearningduring the 2021-22 school year. In June,as the number of COVID-19 cases surged in Cobb County and surrounding areas,the district,led bySuperintendent Chris Ragsdaleandfourschool boardmembers,RandyScamihorn,DavidChastain,DavidBanks, andBradWheeler,whoform apolitically and race drivenmajorityvotingbloc,decided to end mask requirements. They alsorelaxedtheotherCOVID-19safety protocols recommended by the Centers for Disease Control and Prevention (CDC)for K-12 settings.This left many families, including the plaintiffs,forced to choose between their children’s health or their education.
The IJʿ (IJʿ) and two Atlanta area law firms, and the , are representing them in the lawsuit.
“Students withdisabilities thatmake them more susceptible to COVID-19should not have tolose educational opportunitiesbecauseof the徱ٰ’sdangerous and irresponsible decisiontostopfollowing CDC guidelines that would protect all students,” said Claire Sherburne, IJʿ staff attorney.“Jܲlike any otherchild, ourclientshave a right to attend schoolwith their peersin a safe learning environmentand should not be deprived of that right because of their disabilities.”
COVID-19 and variants of the virus have led to more than 40 million cases and nearly 700,000 deaths in the United States.According totheGeorgia Tech,there is a 41% chance of someone being infected with COVID-19 ina group of 25 peoplein Cobb County, the typical size of a Cobb County K-12 classroom. For a group of 100in Cobb County,thetypical size gatheredin a K-12 cafeteriafor lunch, the risk is88%.