DEPEW, N.Y (WKBW) — The Depew Union Free School District is facing a lawsuit, three months after a high school senior was removed from school over a vaccine booster.
"It's disheartening to hear how they're treated through the system," said Chad Davenport, the attorney on the case with Davenport Law PLLC.
Kayci Rae has been out of school since October because she didn't have her second meningitis vaccine after a bad reaction to the first dose. Her medical exemption request was denied by the district.
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The lawsuit claims disability discrimination, invasion of privacy, and that the district acted in error of law by relying on NYSDOH guidance to override the treating physician's judgment.
When I reached out to the district in December, they told me that Kayci and her family could appeal. Davenport helped them do that.
"That is still pending before the Dept of Education. We are now in the state supreme court looking for a judge to rule on this as quickly as possible, so that way she doesn't need to stay out of school," said Davenport.
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Davenport says these cases have become more common statewide in recent years.
"The school, they're typically easier to work with, and they don't want to kick out the students, but they're facing a lot of pressure from the New York State Department of Health," said Davenport.
It's now reaching lawmakers like Erie County Legislator Frank Todaro.
"I did talk to the school district. I've had many communications with school districts that called me and said, 'Look, legislator, this is an ongoing issue, we want clear and precise written law that allows us to keep that child in school," said Todaro.
He hopes Kayci's case can get the attention of state lawmakers to get on board with this bill, saying schools in New York State should accept medical exemptions.
Can Kayci get back to school for her senior year?
That's what the lawsuit is for.
"We have had success with other clients getting them an order that gets them back in school immediately," said Davenport.
They are waiting for an order to show cause, which would either let her back in immediately or schedule a hearing where he can fight to get her back in the classroom.
