Parents return to criticize school board regarding new vaccination requirements

Two parents appeared during the public comment period at Monday’s Warwick Valley School Board meeting to voice their opposition to the implementation of New York State law doing away with religious exemptions for vaccination.

Making his second appearance before the Warwick Valley Board of Education, Brian Endrikat criticized the administration – including Superintendent Dr. David Leach – for what he believed to be a lack of responsiveness to his attempts to contact them. “Nobody got back, nobody reaches out” to families of unvaccinated kids, he said.

What about kids with an IEP (an Individualized Educational Plan, used in the case of students with a disability identified under the law, and who attend an elementary or secondary school, receive specialized instruction and related services), he asked. “You (the school district) have to send someone out” to teach them (in compliance with the federal Americans with Disabilities Act).

Endrikat further questioned whether students were being deprived of their Constitutional rights under the 14th Amendment (concerning due process and equal protection) – which he claimed only protects teachers and staff: teachers, he alleged, aren’t required to get their shots under the 14th Amendment; students, on the other hand, must.

“The kids are not a harm to the community,” Endrikat maintained. “You never had an outbreak before.”

“You’re going to end up in court,” he added, “(if you don’t deal with the parents of those kids).”

Endrikat suggested that the school board meet with these parents, and if they are concerned about the new law, “Talk to your attorney,” but he added, “There are other laws to protect those children.”

He ended with a warning to the board: “This is being fought in court at a higher level, but it’s going to be fought at a local level.”

The second parent to address the BOE, Michele Kayser of Greenwood Lake, said that she was there to support families who elect not to vaccinate, and urged the district to provide appropriate curriculum for those students who will be homeschooled.

The superintendent, in his follow-up to these comments, noted that the change in New York State law regarding vaccines puts school districts in “uncharted waters.”

Referring to last month’s presentation by the district’s counsel, Leach added that it was the first time since he became superintendent that he’s had a lawyer at a BOE meeting.

Leach pointed out that the “vast majority” of parents have vaccinated their children, and he thanked Assistant Superintendent for Curriculum and Instructional Services James Yap for assisting parents get through the process.

As of this Friday, Leach added, there are some families “who have elected not to comply with the law,” and that they’ll be “facing significant penalties.”

The following statement by Dr. Leach was sent by email:

“I have corresponded with both families who share the gentleman's opposition to this new law, and others who strongly oppose any exemption to vaccine mandates. The District isn't advocating for either position, given this charge is best made by those who possess extensive knowledge of constitutional law and public health policy.

“Regulations governing school immunization requirements are approved by the State Health Department, not the Regents, State Education Department or school district. Nor can school district officials, who take an oath of office to uphold state laws, choose to disregard this law. Thus, until there is a change in the law, the District is obligated to follow legal mandates relating to governing students who must be excluded from school due to lack of proper immunization.”