Connors LLP Obtains Successful Settlement Allowing Student with Disabilities To Return to School

On January 19, 2022, Connors LLP filed a federal lawsuit on behalf of a J.S.—a ten-year-old autistic boy who cannot wear a mask due to a disability—and his parents. In August 2021, the Buffalo City School District adopted a policy that refused to grant any mask exemptions for in-person learning for students who, like J.S., are unable to wear a mask due to a documented disability. Rather than allowing J.S. to be in school with a face shield instead of a mask, the District indefinitely relegated him to remote learning. Rather than respond to J.S.’s motion for a preliminary injunction, the District conceded that he would be allowed back into school for in-person learning. The District also agreed to change its policy to consider mask exemptions for students who are unable to wear a mask due to a disability.

Media Coverage:

• Buffalo News
  • In reversal of earlier decision, Buffalo agrees to let maskless student attend school
  • The Editorial Board: School district’s sudden reversal shows there was no need to keep boy from class

• Channel 7
  • Buffalo student with disabilities can return to school

•  WBFO
  • As lawsuit continues, Buffalo Public Schools to accommodate student with disabilities who can’t mask
  • Buffalo Public Schools to allow reasonable accommodation to face masks after local family sues to get their disabled son back in school

• Spectrum
  • Parents, BPS reach agreement after student allegedly denied access to school