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Jesse Hagopian is a high school teacher in Seattle and a leader of the Black Lives Matter movement. This column appeared on Valerie Strauss’ blog, The Answer Sheet, at the Washington Post. .

I must be honest. I haven’t been this scared about beginning the school year since I was a kindergartner clutching my mom’s hand on the first day of school.


As a teacher in the Seattle Public Schools, I know I’m not alone in my distress as the first day of school approaches. It’s not just the usual butterflies I still get (even after 20 years of teaching) before school starts in anticipation of meeting a whole new group of youths and knowing I will need to figure out how to meet the needs of a very diverse group of learners.

This year’s back-to-school anxiety is generated from two pandemics: the delta variant of the coronavirus and bills banning teaching about structural racism from Republican Party politicians.

Covid has many educators fearing for their lives and the lives of the families whose children they teach. And the bills banning teaching about structural racism have educators fearful for their jobs and their ability to be true to their students about the history of this country.

Beginning in the spring of 2021, a rash of GOP-sponsored bills proliferated in state legislatures around the country with the stated goal of banning any teaching that “the United States is fundamentally racist or sexist.”

According to Merriam-Webster, “fundamental” means “serving as an original or generating source.” Given the genocide of Native American people and the enslavement of African people in the land that became the United States before its founding, you literally can’t teach about U.S. history without talking about systemic racism.

Already in eight states in the United States of America — Idaho, Iowa, Oklahoma, Tennessee, Texas, New Hampshire, Arizona and South Carolina — it is illegal to teach the truth to children.

To date, some 28 states have introduced legislation that would require teachers to lie to students about structural racism and other forms of oppression. The state education boards in Florida, Georgia, Utah and Oklahoma have introduced guidelines banning an honest account of the role of racism in society.

The 1619 Project, and two of the organizations with which I organize — the Zinn Education Project and Black Lives Matter at School — have become some of the primary targets of this right-wing attack.

In addition, individual teachers have come under vicious attacks for daring to teach the truth. Matthew Hawn, a teacher in Tennessee, was fired from his job for assigning a Ta-Nehisi Coates essay and a poem by Kyla Jenee Lacey about White privilege. A teacher named Amy Donofrio was fired for having a Black Lives Matter flag in her classroom. At least four administrators in Southlake, Tex., left amid hostile conditions created from a backlash to diversity and inclusion efforts that they were helping to lead.

Even in states without the bills that ban teaching about structural racism — such as Washington — educators are facing a backlash for teaching the truth about American history and current events.
A teacher in the Tri-Cities area had physical threats made against her for signing the Zinn Education Project’s pledge to “Teach the truth — regardless of the law.” (The last part is no longer part of the pledge.) Seattle school board candidate Dan Harder ran a campaign opposing critical race theory in schools. The Chehalis School District passed a resolution that explicitly states students will not be taught that people are “guilty or innocent” based on their race — a straw man argument that suggests educators who teach about racism are trying to shame White people, rather than help youths understand the way multiracial movements can challenge structural racism.

In the face of these attacks, the Zinn Education Project and Black Lives Matter at School have launched the #TeachTruth campaign in an effort to push back against these racist bills.
A central component of the #TeachTruth campaign is an online pledge to teach the truth — regardless of bills trying to outlaw honest history — that has already garnered more than 7,200 signatures.

The African American Policy Forum has joined with Black Lives Matter at School and the Zinn Education Project; all three groups are planning rallies and mobilizations for this weekend. Additionally, Black Lives Matter at School is organizing a national day of action in schools on Oct. 14 — George Floyd’s birthday — and is calling on educators to teach lessons that day about structural racism and oppression.

As part of this weekend’s action, educators and organizers in Seattle are planning a rally at Yesler Terrace — the first racially integrated public housing project in the United States. Many of my students over the years have lived in Yesler Terrace, and it has housed generations of low-income Black, Indigenous, people of color (BIPOC), refugees and people with disabilities. But city policy has undermined the Yesler Terrace project, as organizers of the Seattle rally pointed out in their news release:

Yesler Terrace used to consist of 561 homes for low-income residences. The new development at Yesler Terrace only consists of about 300 apartments that are owned by the Housing Authority and have rent set at 30 percent of the household income. The rest of the apartments are privately owned and rented at market rates. There is less low-income housing in Yesler Terrace now.

Policies that have reduced the number of public housing units available in BIPOC communities — after generations of bank redlining restrictions — reveal the way that structural racism works and why it is so important for students to be racially literate.

Yet when teachers help students understand the way structural racism operates, right-wing politicians howl that they are politicizing the classroom. The reality is, however, that students are already talking about these issues and demanding that educators address them.

Students are asking us about why their schools and neighborhoods are so segregated, why there are so many cases of police brutality, why it is so hard to vote, or why more people of color are dying of covid. Educators can either deceive students about the powerful role of structural racism in answering these questions, or they can help students better understand the world they live in so that they can change it.

For me and many educators around the country, there’s no choice. We are teaching honest history because it’s our duty.

I certainly have apprehensions about the school year starting during a pandemic and knowing that the kind of teaching I do can make me a target.

But I also know what side of history I’m on. As the great educator Septima Clark, called the “Queen Mother” of the civil rights movement, once said: “I believe unconditionally in the ability of people to respond when they are told the truth. We need to be taught to study rather than believe, to inquire rather than to affirm.”

The American Civil Liberties Union filed suit against the state of South Carolina for its law banning mask mandates, on grounds that such a ban jeopardizes students with disabilities.

The ACLU released the following explanation:

Right now, schools are resuming during yet another pandemic surge. And in some states, instead of working to keep students and teachers safe, lawmakers are deliberately rejecting urgent public health guidance.

One key state to watch is South Carolina, where a budget provision passed this summer that prohibits public school districts from requiring masks.

South Carolina’s law endangers everyone, but particularly targets students with disabilities that put them at higher risk for severe illness, lingering disabilities, or even death due to COVID-19. As a result, lawmakers have effectively excluded students with disabilities from public schools.

That’s why we’re calling on the courts to intervene. This week, we filed a federal lawsuit challenging South Carolina’s ban on mask mandates in schools, on behalf of Disability Rights South Carolina, Able South Carolina, and parents of students with disabilities.

When schools are prohibited from taking reasonable steps to protect the health of their students, the parents of children with disabilities are forced to make an impossible choice: their child’s education, or their health.

And under federal disability rights laws, public schools cannot exclude students with disabilities, nor can they segregate them or offer lesser services by requiring them to learn from home.

Let’s be clear: Schools are obligated to give students with disabilities an equal opportunity to benefit from a public education. State politicians cannot override federal disability rights laws.

SC’s law flies in the face of public health guidelines from the CDC, from the South Carolina Department of Health and Environmental Control, from the American Association of Pediatrics, from the American Medical Association, as well as advice from hundreds of physicians and educators across the state. All recommend universal masking.

Refusing to follow public health guidelines disproportionately endangers students with disabilities who have health conditions that make them vulnerable to COVID-19.

Regardless of where you live, what happens in a state like South Carolina – which has one of the lowest vaccination rates in the country – impacts all of us. We won’t stop fighting to guard our civil rights and liberties during this pandemic – in all 50 states, D.C., and Puerto Rico.

Please stay tuned for more updates and thanks for all you do.

Suzan Mizner
Pronouns: She, her, hers
Director of the ACLU Disability Rights Program

A circuit court judge in Leon County, Florida, ruled that Governor Ron DeSantis had exceeded his authority by preventing local school districts from mandating masks. Governor DeSantis must not interfere with the right of school districts to protect the health and safety of students.

Fort Lauderdale, Fla. (AP) — School districts in Florida may impose mask mandates, a judge said Friday, ruling that Gov. Ron DeSantis overstepped his authority by issuing an executive order banning the mandates.

Leon County Circuit Judge John C. Cooper agreed with a group of parents who claimed in a lawsuit that DeSantis’ order is unconstitutional and cannot be enforced. The governor’s order gave parents the sole right to decide if their child wears a mask at school.null

Cooper said DeSantis’ order “is without legal authority.”

His decision came after a three-day virtual hearing, and after at least 10 Florida school boards voted to defy DeSantis and impose mask requirements with no parental opt-out.

Cooper said that while the governor and others have argued that a new Florida law gives parents the ultimate authority to oversee health issues for their children, it also exempts government actions that are needed to protect public health and are reasonable and limited in scope. He said a school district’s decision to require student masking to prevent the spread of the virus falls within that exemption.null

The judge also noted that two Florida Supreme Court decisions from 1914 and 1939 found that individual rights are limited by their impact on the rights of others. For example, he said, adults have the right to drink alcohol but not to drive drunk. There is a right to free speech, but not to harass or threaten others or yell “fire” in a crowded theater, he said.

Wrong! Leaving little kids vulnerable to a deadly virus in the middle of a pandemic is really child abuse.

Jennifer Hall Lee, a member of the Pasadena Unified School District board, wrote recently about the importance of of “high-functioning” school boards where members work together toward common goals and avoid partisan politics.

Case in point: the PUSD board has a higher standard for vaccinations than the state. At a time when many school boards have been split by partisan battles, it is good to hear of a school board that prioritized the public health of students and staff over politics.

She wrote:

Only the Governor of California has authority over the PUSD School Board, and on August 11, Governor Newsom announced. “California Department of Public Health (CDPH) today issued a new public health order requiring all school staff to either show proof of full vaccination or be tested at least once per week.” He is requiring proof of vaccination or, for the unvaccinated, to be tested at least once per week.

The Governor’s plan on testing is less robust than the plan the PUSD is already acting upon: PUSD has a stronger testing plan for students.

  • Because of our strong relationship with the City of Pasadena Department of Public Health and Dr. Ying-Ying Goh, PUSD was among the first districts in our area to offer vaccinations to all teachers, staff, students and family members.
  • 96% of PUSD staff and teachers are already vaccinated: 1,320 through PUSD-run clinics, and another 800 through appointments at clinics at Huntington Hospitalthrough a partnership with Pasadena Public Health.
  • On August 5, the PUSD School Board had affirmed the goals of the Superintendent, Dr. Brian McDonald, Ed. D.: attestation of vaccines among staff and mandatory testing of all staff and teachers.

Every state has vaccine requirements for children entering school. Parents do not protest against these vaccines. What makes the coronavirus vaccine different from the many other required vaccines?

Here are the vaccine requirements for children entering school in Tennessee:

The Tennessee Department of Health is responsible for immunization requirements for those who attend child care, pre-school, school and college. The current immunization requirements are in the Tennessee Department of Health Rules.

The Official Immunization Certificate is available in local health departments through the Tennessee Immunization Information System (TennIIS).

Detailed guidance for healthcare providers on the rules and certificate is available at the TennIIS website. Tennessee healthcare providers who give vaccines can register as authorized users and download the form through TennIIS.

The state’s immunization schedule follows the current schedule published by the Centers for Disease Control and Prevention (CDC) and endorsed by the American Academy of Pediatrics (AAP) and American Academy of Family Physicians (AAFP).

A brief summary of the required immunizations for child care facilities and schools is listed below.

Children enrolling in child care facilities, pre-school, pre-Kindergarten
Infants entering child care facilities must be up to date at the time of enrollment and are required to provide an updated certificate after completing all of the required vaccines due no later than 18 months of age.

  • Poliomyelitis (IPV or OPV)
  • Haemophilus influenzae type B (Hib) – age younger than 5 years only
  • Pneumococcal conjugate vaccine (PCV) – age younger than 5 years only
  • Measles, Mumps, Rubella – 1 dose of each, normally given together as MMR
  • Varicella – 1 dose or credible history of disease
Required Immunizations

Children enrolling in Kindergarten

  • Hepatitis B (HBV)
  • Diphtheria-Tetanus-Pertussis (DTaP, or DT if appropriate)
  • Poliomyelitis (IPV or OPV) – final dose on or after the 4th birthday
  • Measles, Mumps, Rubella – 2 doses of each, usually given together as MMR
  • Varicella – 2 doses or credible history of disease
  • Hepatitis A – total of 2 doses, spaced at least 6 – 18 months apart

All children entering 7th grade (including currently enrolled students)

Children who are new enrollees in a TN school in grades other than Kindergarten

  • Diphtheria-Tetanus-Pertussis (DTaP, or DT if appropriate)
  • Measles, Mumps, Rubella (2 doses of each, normally given together as MMR)
  • Poliomyelitis (IPV or OPV) – final dose on or after the 4th birthday now required
  • Varicella (2 doses or credible history of disease) – previously only one dose was required
  • Hepatitis B (HBV) – previously only for Kindergarten, 7th grade entry
  • New students entering grades other than 7th grade are not required to have Tdap

Full-time Tennessee college students

  • Measles, Mumps, Rubella (2 doses of each, normally given together as MMR): if born on or after January 1, 1957 only.
  • Varicella (2 doses or credible history of disease): if born on or after January 1, 1980 only.
  • Hepatitis B (HBV) – only for health science students expected to have patient contact (before patient contact begins).
  • Meningococcal – At a minimum of 1 dose given at 16 years of age or greater if enrolling in public institution for the first time and under 22 years of age and living in on-campus housing; private institutions set their own requirements for this vaccine.

Children with medical or religious exemption to requirements

Medical – Physician (MD, DO) or department Public Health Nurse authorized to indicate specific vaccines medically exempted (because of risk of harm) on the new form. Other vaccines remain required. The medical reason for the exemption does not need to be provided.

Religious – This exemption requires a signed statement by the parent/guardian that vaccination conflicts with their religious tenets or practices. If the child needs documentation of a health examination for the school, it must be noted by the healthcare provider on the immunization certificate. In that case, the provider should check the box that the parent has sought a religious exemption to explain why immunization information is absent or incomplete.

These are the required vaccines in New York State:

Vaccines required for day care, pre-K, and school attendance

  • Diphtheria and Tetanus toxoid-containing vaccine and Pertussis vaccine (DTaP or Tdap)
  • Hepatitis B vaccine
  • Measles, Mumps and Rubella vaccine (MMR)
  • Polio vaccine
  • Varicella (Chickenpox) vaccine

Additional vaccines required for middle school and high school

  • Tdap vaccine for Grades 6-12
  • Meningococcal conjugate vaccine (MenACWY) for Grades 7-12
    • Students in Grade 12 need an additional booster dose of MenACWY on or after their 16th birthday

Additional vaccines required for day care and pre-K

  • Haemophilus influenzae type b conjugate vaccine (HiB)
  • Pneumococcal Conjugate vaccine (PCV)

A reader of the blog posted the following comment, which I find to be sane and wise:

There is so much hypocrisy and ignorance in this politicization of mask wearing and vaccination. When everyone’s health and well-being is on the line, there can be no personal choice to forego what keeps everyone safer.

Why is it these people insist they can mandate what a woman does with her body or who can and cannot marry, but not that we all wear masks to keep everyone safer?

If one can’t wear a mask out in public for a health reason (which, for the life of me, I can’t think of), perhaps one shouldn’t be out. If you’re a professional athlete competing closely against others, you should be required to be vaccinated. If you are a spectator in the stands, you should be vaccinated. If you’re a teacher, a bus driver, a nurse or doctor or receptionist, etc., etc., you should be vaccinated.

I wear a mask for the same reason I drive on the correct side of the freeway. I wear a mask for the same reason I drive on the road instead of on the sidewalk. I wear a mask because it helps protect my young grandson who has a heart condition and lives in my home. I wear a mask because it is the right and intelligent thing to do.

No one has the right to put the lives of others at risk by not masking up or being vaccinated.

The University of Virginia adopted a vaccination mandate. Of its 27,000 students, 238 students were “disenrolled” because they didn’t get vaccinated. About 96.6% are vaccinated. A small number of students (1.3%) received medical or religious exemptions and are required to wear a mask and get tested regularly.

A university spokesman said:

“If you’re unvaccinated, we ask that you wear a mask at all times — indoors or outdoors — whenever you’re around people,” said Coy. “Anyone unvaccinated and has an exemption will have to test once a week, we’re starting once a week: That might go up.”

News flash: We are in the midst of a deadly, once-in-a-century pandemic. More than 600,000 Americans have died a horrible death, gasping for breath in a crowded hospital room with no family member there to comfort them, no family member to hold their hand as they die.

Yet, there are millions of people who refuse to be vaccinated and who vigorously protest any effort to mandate masks or vaccinations. They try to intimidate those who disagree with them, and even when they are a minority, they often succeed by their bullying tactics. Even when they are a majority, should their right to be free of masks and vaccinations take precedence over the rights of other parents who want their children to be safe from a deadly virus? I think not.


The Los Angeles Times reported stories that could easily be replicated in many other school districts:

The American Academy of Pediatrics recently urged the U.S. Food and Drug Administration to authorize COVID-19 vaccines for children under 12 as the Delta variant “created a new and pressing risk to children and adolescents across this country.”

But differences of opinion have led to aggressive confrontations at some school board meetings.

In Asheville, N.C., a few dozen parents opposing Buncombe County Board of Education’s mask mandate forced the board on Aug. 5 to call a recess, then “overthrew” the board and declared themselves the new leaders of the county’s public education system.

In Franklin, Tenn., a crowd of angry parents shouted, “We will not comply!” at a board meeting Tuesday and threatened public health officials who supported mask mandates.

Britt Maxwell, 43, a parent and internist who treats COVID-19 patients in Nashville, was left shaken after attending the board of education meeting in Franklin and finding that those who supported wearing masks were outnumbered about 10 to 1 by a raucous crowd of anti-maskers.

Maxwell said a mask mandate in Williamson County elementary schools was a no-brainer with Delta surging. His two children, ages 7 and 11, are not vaccinated. “The facts are clear,” Maxwell said in an interview. “This isn’t hypothetical. Children are getting sick, now more than ever, and hospitals all across the South … are being stretched to the limit.”

He and other healthcare workers were booed by a crowd that chanted, “No more masks,” and carried signs reading, “Your fear does not take away my freedom” and “Let kids be kids. No mask mandates.”

As Maxwell and his wife left the meeting, a woman called him a traitor.

“My colleagues came with facts and statistics; nobody wanted to hear that,” he said. “They treated us like the enemy and that couldn’t be further from the truth. We were there for the same reason as them — we want to protect the children, including their children.”

In Texas, a federally authorized organization filed a federal lawsuit to block Governor Greg Abbott’s ban on masking mandates. Abbott has repeatedly said that the decision to wear a mask should be made by parents, not by school boards.

CONTACT:
Edie Surtees, Communications Director
esurtees@drtx.org
512-407-2739

First Federal Lawsuit Challenging Mask Mandate Ban Filed Against Texas Governor and TEA Commissioner Says It Violates ADA, Section 504

AUSTIN—Today, Disability Rights Texas, the federally mandated protection and advocacy agency for Texans with disabilities, and pro bono partners Winston & Strawn LLP filed a federal lawsuit on behalf of 14 child plaintiffs against Texas Governor Greg Abbott and Texas Education Agency Commissioner Mike Morath.

The complaint states that the Governor’s Executive Order GA-38 prohibiting school districts and charter schools from implementing mask mandates is putting students with disabilities at significant risk, is discriminatory, and violates the federal Americans with Disabilities Act and Section 504 of the federal Rehabilitation Act.

The COVID-19 pandemic has dramatically affected students with disabilities, beginning with the closure of the public school system in the spring of 2020. These students lost critical instruction and services, continuing into the 2020-21 school year. Now, the Delta variant and a surge in cases is threating this school year. Students with disabilities need in-person schooling more than other student groups, but they must be able to receive instruction and services safely. Many of these students have underlying health conditions and are at high risk for illness and even death due to COVID-19.

One of the student plaintiffs, J.R., lives in Bexar County and attends San Antonio ISD. J.R. is eight years old and lives with attention deficit hyperactivity disorder, a growth hormone deficiency, and moderate to severe asthma.  Her mother, Julia Longoria, doesn’t get much sleep right now because of the very real worry that her daughter, who needs in-person instruction to succeed in school, is at greater risk of serious illness, hospitalization and even death if she gets the virus. This is a very real possibility if schools are open at full capacity, with optional masking and the current level of community spread. “Having to make a choice between my daughter’s education or her life – what kind of choice is that?” said Ms. Longoria. “My child has the right to an education and to be safe at school. I shouldn’t have to choose.”

This is the first federal lawsuit to challenge the Governor’s Executive Order. The complaint explains how the order is a barrier to public schools for students with disabilities and that no family should be forced to choose between health and their child’s education. It also states that Texas needs to follow the recommendations of public health officials to include the mandated use of masks in areas with significant exposure.

“Under Gov. Abbott’s order, parents of these children face an untenable choice: educate their children at school and expose them to potential severe illness, long COVID, and even death or keep their children home, where they will receive a fraction of their education in one of the least integrated settings available with limited to no exposure to non-disabled peers,” said Tom Melsheimer, attorney from Winston & Strawn. “Either outcome is a violation of students’ rights under the ADA and Section 504, and both are wholly avoidable.”

The lawsuit asks for a temporary restraining order that requires Governor Abbott, TEA, and the districts named to cease violation of the Americans with Disabilities Act and Section 504 and allows local school districts and local public health authorities to require masks for its students and staff as they determine is necessary.

Read the full complaint attached below.

ADDITIONAL STATEMENT ADDED AUGUST 18, 2021:

The case filed on August 17, 2021, has been assigned to U.S. District Court Judge Lee Yeakel. Today, Plaintiffs filed a request for a temporary restraining order and preliminary injunction enjoining Defendants from prohibiting local school districts from requiring masks for their students and staff. The full motion is attached below along with the original complaint.

The filing includes sworn statements from the parents of the young plaintiffs with disabilities about their health conditions and risks. It also includes compelling declarations from two medical experts explaining the harm posed to children with serious health conditions in schools not allowed to implement mask mandates with the exploding spread of the Delta variant.

The brief explains that plaintiffs will prevail because it violates federal disability laws to exclude them from school or make them risk their lives to get an education.

Plaintiffs also argue they will succeed because the Governor’s order violates the American Rescue Plan Act of 2021, in which Texas districts received over $11 billion dollars in funding so that they can adopt plans for a safe return to in-person instruction.

“The injunction is required to protect the lives of children with disabilities and their basic right to attend school,” said Dustin Rynders, Supervising Attorney with Disability Rights Texas.

# # #

Disability Rights Texas is the federally designated legal protection and advocacy agency (P&A) for people with disabilities in Texas established in 1977. Its mission is to help people with disabilities understand and exercise their rights under the law, ensuring their full and equal participation in society. Visit www.DRTx.org for more information.