BUFFALO, N.Y. (WKBW) — A sixth-grade student in the Williamsville School District has returned to the classroom after a state Supreme Court judge in Buffalo ruled in favor of his medical vaccine exemption, but the legal battle continues as the district has filed an emergency appeal.
The 11-year-old student, identified in court documents as "Michael Doe," was barred from attending Mill Middle School last fall after the district overrode his medical exemption that was signed by a doctor. The family sued the school district over the removal.
Family attorney Chad Davenport told me that a state Supreme Court judge ruled in the boy's favor, directing the district to honor the exemption and allowing him to return to school.
"We're trying very, very hard to keep the student in school, which is where he belongs, according to a judge," Davenport explained.
The student returned to Mill Middle School this week after months away from the classroom.
"Yesterday was his first day. Today is the second day, so he's very excited, and he is; this is his first week back to school," Davenport said. "So, being back in school again, being with his friends, being with his teachers, he's ecstatic. This is where he wants to be, and he doesn't want to be removed again.”
However, the district has filed an emergency appeal to a higher court that, if approved, could mean the student would have to leave his classroom once again.
"They're challenging that they're still trying to exclude this child, despite an order from a judge saying that this medical exception should have been accepted," Davenport said. "We're on pins and needles. We're putting in an opposition to the district's motion. We're trying very, very hard to keep the student in school, which is where he belongs, according to a judge."
WATCH: Williamsville student returns to school after court ruling on vaccine exemption
The district argues the student poses a public health risk. However, the attorney said this is not an "anti-vaccine" situation. The child is fully vaccinated except for one booster, which he has been advised not to receive because of medical concerns.
"This is not a family that is against vaccines; is trying to make a political statement. This is a family with a child with a very serious health profile, with very serious medical concerns," Davenport said.
The Williamsville School District sent me this statement:
"A parent, on behalf of her son, commenced litigation at the New York State Commissioner of Education and United States District Court for the Western District of New York in October and November 2025 against the Williamsville Central School District et al. regarding a denial of a medical exemption from immunization. The District defended itself and the attorney for the Parent subsequently discontinued those proceedings.
On December 5, 2025, the attorney for the Parent filed a Petition asserting a cause of action under CPLR Article 78 in Erie County Supreme Court against the Williamsville Central School District et al. regarding a denial of a medical exemption from immunization alleging the District’s decision to deny her son’s medical exemption request was arbitrary and capricious. On January 21, 2026, an Order was entered finding the District’s decision to deny the son’s medical exemption request was arbitrary and capricious, annulling and overturning the District’s decision, and directing the District to accept the son’s medical exemption request.
As a result of the Order in the Article 78 proceeding, the District has been compelled to accept a medical exemption form based on an Order the District believes was the result of an error of law and in violation of New York Public Health Law § 2164 and its underlying regulations. The District filed an appeal of the Order to the Fourth Department, Appellate Division of New York State on January 21, 2026.
As this matter involves pending litigation, the District will not comment further and will address this matter through the legal process."
Williamsville Central School District
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