Teen with speech impediment kicked out of class for not wearing mask, CA lawsuit says

A father has sued a California school district after he said his teenage son with a disability was booted from a summer class for not wearing a mask.

The father of a 17-year-old student referred to as T.G. in the complaint said that his son has a speech-related disability that prevents him from “wearing a face mask safely” and “causes difficulty pronouncing certain sounds and letters clearly,” according to a lawsuit filed earlier this month against Palo Alto Unified School District in Santa Clara Superior Court.

The man said in the lawsuit that he contacted the summer school’s principal Courtney Carlomagno, saying that his son is exempt from wearing a face mask during in-person classes. Carlomagno responded that exemptions are determined on a “case-by-case basis” and connected the man with Mike Jacobs, district safety manager, who is also listed as a defendant in the case, the lawsuit shows.

The school district asked the boy’s father to provide proof of the medical condition or disability or for his son to be assessed by the school’s health team, but the man declined, saying there isn’t a policy that requires him to do so, according to court documents.

Jacobs also told the boy’s father in an email that without “proof of a medical condition or disability,” his son can’t be exempt from wearing a mask, the lawsuit states.

The man said that his son attempted to go to class July 6 but was told by the teacher to go to the office. Carlomagno then told the student that he can’t attend class without wearing a mask and when asked by the boy’s dad if lecture recordings and notes can be sent so his son doesn’t fall behind, he request was declined, according to the lawsuit.

The summer course only allows three absences before a student is forced to drop the class, the suit states.

“This is not a case of a student with a disability,” Palo Alto Unified School District Superintendent Don Austin told McClatchy News in an email. “We made every effort to work with them. They declined every attempt to work in process. The father refused to wear a mask for 8th grade promotion, was abusive to staff and has a history with immunizations/vaccinations. We work with all families and have students with true medical exemptions. We will follow the masking rules with fidelity.”

According to California’s Department of Public Health, people with a “medical condition, mental health condition or disability that prevents wearing a mask” can be exempt from wearing one.

The Centers for Disease Control and Prevention said in a guidance for K-12 schools that “most students, including those with disabilities, can tolerate and safely wear a mask.” The agency states that “a narrow subset of students with disabilities might not be able to wear a mask or cannot safely wear a mask” including people with a disability who physically can’t remove a mask without help if breathing is blocked.

McClatchy News is not identifying the father in order to protect the child’s identity.

This story was originally published July 22, 2021 at 2:16 PM with the headline "Teen with speech impediment kicked out of class for not wearing mask, CA lawsuit says."