WILLIAMSVILLE, N.Y. (WKBW) — A mother has filed a federal lawsuit against the Williamsville Central School District, claiming officials violated her son's medical exemption from required vaccines and are preventing him from attending school.
The complaint states that the student has been barred for weeks from attending Mill Middle School because the district is overriding his medical exemption that was signed by a doctor.
"Being removed from school is very, very traumatic for him right now," said attorney Chad Davenport, who represents the unnamed mother.
The lawsuit involves an 11-year-old student identified as "Michael Doe," who attends sixth grade at Mill Middle School but has been denied access since November 3.
WATCH: Mom accuses Williamsville Central School District of overriding son's medical exemption for mandatory vaccines
The student has a 504-accommodation plan for disabilities and suffers from severe food allergies and other complex medical conditions, according to the complaint.
"The doctor that he is treating with provided him with a medical exemption for some of the vaccines that are on the mandatory schedule for somebody in middle school," Davenport said.
The suit alleges a school nurse demanded additional documentation and the principal issued an exclusion notice in September. The district allegedly continued illegal practices even after receiving a legal warning on October 3, according to the complaint.
The complaint also alleges the district nurse practitioner “rolled her eyes” at medical documentation during a meeting about the student's life-threatening allergies with the mother.
"I guess the sad part is that they are actually following the recommendations of the New York State Education Department," Davenport said.
I received a statement from the district saying, in part it has "not yet been served with the complaint" and is not in a position for further comment. However, the district wrote that it complies with the state rule that prohibits unvaccinated students from attending public school.
"Under New York State Public Health Law Section 2164 and its corresponding regulations at 10 NYCRR 66-1, school districts are required to prohibit unvaccinated students from attending public school," the district stated. "The district takes seriously its obligations to comply with relevant legal requirements related to student immunizations."
Davenport argued that New York's approach is unique compared to other states.
"Really, New York is the only state in the entire United States that is scrutinizing medical waivers written by doctors this way," Davenport explained.
The suit is seeking a preliminary injunction and a temporary restraining order to get the student back in the classroom.
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