Tag: Constitutional Right to Education

WA Parents File Lawsuit Against Gov. Inslee Alleging Emergency School Closures Are Unconstitutional

By Darren Smith, Weekend Contributor.

Washington Governor Jay Inslee

Last week several parents on behalf of themselves and their minor children filed a lawsuit in the Superior Court of the State of Washington seeking injunctive relief and for the Court to declare the closures unconstitutional as the governor’s proclamations violate the “paramount duty on the part of the state to make ‘ample provision for the education of all children residing within its borders.”

The underlying information alleged within the lawsuit presents facts that Plaintiffs assert demonstrate that the current state of the COVID-19 virus’ threat no longer credibly constitutes an actual emergency and that the governor’s Proclamations as a result lack a foundational basis to remove children from schools. The suit further states the governor applied a wide brush to declare all Washingtonians as being at risk when the epidemiological evidence shows that the COVID-19 infection and death rate mirrors that of Influenza and Pneumonia infection rates of past years yet no public emergency was declared then. Furthermore, the illness and death rate for those less than twenty years in age is non-existent in the state and nearly everywhere else sampled. Plaintiffs proffer that the failing of the governor to limit the scope of application of the Proclamations to those actually vulnerable to the virus, the elderly and sick, infringed upon the constitutional rights of the plaintiffs and other children who have physiologically shown no significant vulnerability to the virus yet suffered the violation of their right to education resulting from an overly-broad inclusion under the declarations of state of emergency.

The complaint also mentions the sub-par nature of the education provided the minor Plaintiffs by the state, equating in one example only an hour of education and that much of what is expected is for grade school children to self-initiate and self direct their own education. One child, resides at times with a parent who has no Internet service at his residence and thus cannot facilitate an ample accomodation to meet the child’s special educational needs.

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