A father of a 12-year old boy won his lawsuit that challenged the Los Angeles Unified School District’s (LAUSD) student COVID-19 vaccine mandate. LAUSD provided that if the boy remained unvaccinated, he would be forced to leave the academy and be subjected to a different curriculum. Los Angeles Superior Court Judge Mitchell Beckloff maintained that only the State of California, and not the LAUSD, is authorized to issue vaccination mandates. LAUSD tried to require unvaccinated pupils 12 years old and over attend independent learning classes outside campus, violating the state Education Code. The LAUSD student vaccine resolution approved Sept. 9 conflicted with state law and clashes with the state Health and Safety Code by not allowing exemptions for personal beliefs. In April of this year, LAUSD aligned with the State’s timeline for implementation of the Governor’s student vaccine mandate wherein any vaccine requirement would not take effect until after full FDA approval and no sooner than July 1, 2023.
Unfortunately, LAUSD reported in December 2021 that 90% of its eligible students had received COVID-19 Vaccines.
A judge has ruled in favor of the father of a 12-year-old student who filed a lawsuit challenging the Los Angeles Unified School District’s student COVID-19 vaccine mandate.
After three months of hearing arguments and taking the case under submission, Los Angeles Superior Court Judge Mitchell Beckloff found that the resolution approving the vaccine directive clashed with state law.
The judge reversed his tentative ruling in which he said he was initially inclined to find in favor of the LAUSD in the case brought by the father, who is identified in court papers only as G.F. and his son as D.F.
G.F. filed the case last Oct. 8 on behalf of himself and his son, a Science Academy STEM Magnet school student. G.F. maintained that the state and not the LAUSD is authorized to issue vaccination mandates and that the district’s requirement that unvaccinated pupils 12 years old and over attend independent learning classes outside campus violates the state Education Code.
The judge noted in his ruling that if D.F. remains unvaccinated, he will be forced to leave the academy and be subjected to a different curriculum. Beckloff further said that while the Board of Education’s authority is “great,” it is not unlimited. He found that the student vaccine resolution approved Sept. 9 conflicts with state law and clashes with the state Health and Safety Code by not allowing exemptions for personal beliefs.
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