蜜桃传媒

ATLANTA听鈥�听The Cobb County School District鈥檚 failure to implement听and enforce听recommended safety protocols to听reduce听the spread of COVID-19听in its听schools听unlawfully听denies听students with disabilities听access to a safe,听in-person learning environment, according to听a听federal lawsuit听filed听against听the school district听today on behalf of four Cobb County students and their parents.听听

The lawsuit, filed in the U.S. District Court for the Northern District of Georgia鈥檚 Atlanta Division, describes听how students with disabilities and medical听conditions听are being harmed听by the听school听诲颈蝉迟谤颈肠迟鈥檚听lack of COVID-19听protocols.听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.听听

The students and their parents are seeking an听emergency听court order听requiring 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.听The student plaintiffs have听medical听conditions that make them more susceptible to severe illnesses听if they were to contract COVID-19,听including听Duchenne Muscular Dystrophy, obstructed breathing听and severe asthma, and a compromised immune system resulting from听childhood听leukemia.听听

Between March 22 and May听2,听2021, parents听were required to听sign听a听commitment form听for听in-person or virtual听learning听during the 2021-22 school year. In June,听as the number of COVID-19 cases surged in Cobb County and surrounding areas,听the district,听led by听Superintendent Chris Ragsdale听and听four听school board听members,听Randy听Scamihorn,听David听Chastain,听David听Banks, and听Brad听Wheeler,听who听form a听politically and race driven听majority听voting听bloc,听decided to end mask requirements. They also听relaxed听the听other听COVID-19听safety protocols recommended by the Centers for Disease Control and Prevention (CDC)听for K-12 settings.听This left many families, including the plaintiffs,听forced to choose between their children鈥檚 health or their education.听

The Southern Poverty Law Center (蜜桃传媒) and two Atlanta area law firms,听鈥痑nd the鈥�, are representing them in the lawsuit.听听

鈥淪tudents with听disabilities that听make them more susceptible to COVID-19听should not have to听lose educational opportunities听because听of the听诲颈蝉迟谤颈肠迟鈥檚听dangerous and irresponsible decision听to听stop听following CDC guidelines that would protect all students,鈥� said Claire Sherburne, 蜜桃传媒 staff attorney.听鈥淛耻蝉迟听like any other听child, our听clients听have a right to attend school听with their peers听in a safe learning environment听and should not be deprived of that right because of their disabilities.鈥�听

COVID-19 and variants of the virus have led to more than 40 million cases and nearly 700,000 deaths in the United States.听According to听the听Georgia Tech听,听there is a 41% chance of someone being infected with COVID-19 in听a group of 25 people听in Cobb County, the typical size of a Cobb County K-12 classroom. For a group of 100听in Cobb County,听the听typical size gathered听in a K-12 cafeteria听for lunch, the risk is听88%.听