February 18, 2021 (Children’s Health Defense) — The New York State Education Department issued a letter Feb. 16 informing all public schools in the state that parental consent to COVID-19 tests for their children is not required for in-person instruction, or for participation in any school activities, including extracurricular activities.
The letter, which applies only to public and charter schools, follows in the wake of a lawsuit challenging the closing of New York City Schools and the mandatory testing for students.
The lawsuit was filed Dec.16, 2020, by eight New York City parents and Children’s Health Defense (CHD) against the New York City Department of Education and Mayor Bill de Blasio. The parents are represented by Attorneys James Mermigis, Ray L. Flores II, Robert F. Kennedy, Jr., CHD chairman and chief legal counsel, and Mary Holland, CHD president and general counsel.
The Feb. 16 letter from Kathleen R. Cataldo, assistant commissioner, Office of Student Support Services said:
“The Department has received reports from the field that some school districts are requiring parents’ consent on behalf of their children, to COVID-19 testing as a condition of activities including in-person learning and extracurricular activities. The Department hereby clarifies that parent/guardian consent for COVID 19 resting of students may not be a condition of
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