The following is a letter from Stacy DeShon, a Port Huron lawyer, in response to action taken by the Marysville School District last week:
Parent Statement to Marysville Superintendent of Schools
Last week, Marysville High School forcibly removed over 37 students from the high school due to an alleged outbreak of chicken pox, which consisted of two students. The school took these extreme measures based on a recommendation from the St. Clair County Health Department, discriminating against students who could not prove immunity status based on health department regulations.
By doing so, they showed total disregard for the emotional welfare or physical safety of the students who were forced to leave school grounds, and not being able to return for 2 weeks.
Parents were not asked to keep children home, as publicly stated by the superintendent for Marysville School District. This group of students were pulled from class on Tuesday and put in a room and shamed for not being up to date on their vaccinations. The students were then put outside on the street. They were not allowed to call for rides or get their things, and those that rode a bus home were left sitting outside with nowhere to go. The next day a big group was again forcefully sent home. The Marysville School District released the private health, educational, and personal records of these students to the health department WITHOUT parental consent. This is a clear violation of federal law.
According to MDHHS Varicella Investigation Guidelines, the health department cannot recommend these control measures unless there is laboratory confirmation which follows a specific set of procedures. So far the health department has not given any proof that this has been met.
According to MI State Law, there are three ways to provide immunity to a school. One, is a
vaccination record. Two, is a titers blood test that shows immunity. Three, is an affidavit
signed by a parent, guardian, or doctor that states the child has had the chicken pox.
Despite the fact that at least one parent submitted an affidavit, the school has admitted they will not follow state law, but instead continue based on what the heath department recommends. The school district has not consulted with any attorneys, as of September 30th to confirm their actions were lawful.
Homecoming events are happening all week long. The school has barred any Marysville student who cannot provide immunity status from attending these week long events including the homecoming parade and the homecoming dance.
This group of banned students consists of band members, cheerleaders, and football players. HOWEVER, the school is allowing
students from other school districts to attend without checking immunity or vaccination status of the visiting student.
The parents are taking a stand on October 2nd, and encourage all parents with children in the Marysville School district to remove their child for the day to show support for the students who were forcible removed from the High School.
Stacy DeShon,
Spokesperson for parents of children removed from Marysville High School.
Stacy@deshonlaw.com
