WILLIAMSVILLE, N.Y. (WKBW) — A Williamsville family is speaking out after their 11-year-old son was removed from school — despite a judge ruling his medical exemption allows him to attend.
The student, a sixth grader at Mill Middle School, identified only as Michael Doe, has not been allowed to attend school since last November. The family also filed a federal lawsuit against the Williamsville Central School District in November.
WATCH: Williamsville student removed from school despite judge ruling medical exemption allows him to attend
The parents, who are shielding their identities, met with me to discuss the issue. They said the district is overriding a doctor-approved medical exemption for one booster vaccine due to health concerns, though the student is up to date on all other vaccines.
"He is a child that has a medical issue. He did not choose this; we did not choose this situation," the boy's mother stated.
"We want to be totally clear that we don't blame the teachers in this at all," the boy's father said.
A State Supreme Court judge ruled in January that the exemption is valid, and the student is not a public health risk. He returned to school for about three days before the district removed him again.
"The district is able to use this bureaucratic loophole that allows a government entity to put a pause on a judge's order, essentially," the father explained.
The district responded to my request for comment by pointing to the school board's resolution authorizing an appeal, which was approved at the board's last meeting on Feb. 10. The board voted unanimously in favor of the resolution.
While the appeal plays out in court, the student remains at home. The district sends packets of work to him, requiring his parents to homeschool him, but the district will not allow him to remote into his classrooms.
"The question that we keep coming back to is, why are they not providing my son with an education regardless of what's going on? You know, he's home, there's an opportunity to give him an education at home, and they are choosing not to," the student's mother said.
The parents say the situation has taken a significant toll on their son.
“How frustrated are you as parents right now?” I asked.
“I can't believe I'm sitting here right now. This is like, to get to the point of us having to talk to the news is so upsetting," she responded. "He's devastated. I mean, he doesn't get to see his friends.”
"He's isolated. He's away from all of his friends....His education is slipping completely," the father answered.
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