SAN DIEGO (CNS) – A judge ruled against the San Diego Unified School District on Monday in a lawsuit challenging its vaccine mandate for students.
San Diego Superior Court Judge John Meyer said the district mandate, which does not allow exemptions for religious or personal beliefs, contradicts state law because the implementation of such mandates without exemptions can only be imposed by the state legislature.
Meyer also said that while students are required to receive certain vaccines in order to attend school in person, adding COVID-19 to the list of required vaccines without allowing personal belief exemptions is another area that doesn’t. falls under that state.
According to the district roadmap, unvaccinated students should participate in distance learning through independent study. As the district’s second semester begins on January 24, unvaccinated students would not be allowed to continue teaching in person unless they have an approved medical exemption.
Meyer said participation in an independent study program must be voluntary, although such a program is mandatory under the district roadmap.
Following further arguments Monday by school district attorneys and plaintiffs, the local parent group Let Them Breathe, Meyer upheld its interim ruling.
It is not clear whether the school district intends to appeal the order, which comes on the day students in the district were due to receive their second dose of vaccine in order to be considered fully immunized and capable of. attend classes in person by the start of the second semester. .
The district’s warrant, which its board of trustees approved in September, was also challenged in a separate federal lawsuit filed by a Scripps Ranch High School student and her parents, who sought to block the warrant on religious grounds.
The request was dismissed by a federal judge in San Diego, and the decision was upheld by the 9th United States Court of Appeals. Lawyers for the student have since asked the United States Supreme Court to intervene in the case.
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