The lawsuit was filed in federal court last week by Shannon Jensen against the Waukesha School District, the Waukesha School Board, a number of school board members and district employees and “seeks injunction and judgment declaratory to remedy the failure of Wisconsin school districts to protect their students and their communities, “according to court documents.
Jensen alleges school district and board have failed to protect his child and others from Covid-19, and “unnecessarily, unreasonably and recklessly know” the public “of the virus by continuing to hold out courses “without adequate mitigation of Covid-19,” according to court documents.
CNN contacted the school board and district superintendent James Sebert.
Currently, vaccines are only available for children 12 years of age and older. Especially for unvaccinated children, the CDC recommends that schools use multiple layers of protection, including universal masking, distancing, hand washing, testing, disinfection and quarantine and isolation.
Officials and members of the public place high priority on re-integrating students into in-person learning at the start of this academic year, but how it was done has been a flashpoint for nationwide disputes. . In some places parents have protested against restrictions implemented by school officials, and elsewhere they are asking for more.
Jensen said in court documents that she sent her three children to Rose Glen Elementary School for the 2020-21 school year, and the school has put in place masks, temperature controls, dividers plexiglass and contact tracing.
But this school year, the district school board voted to remove most mitigation measures, including masking requirements. The family made their three children wear masks daily, but many other students did not do the same, according to court documents.
In September, Jensen said in a court statement, her oldest child tested positive for Covid-19. According to court documents, she isolated the three children to prevent the spread for 10 days. A few days later, another of her children also tested positive.
The school informed families that two students tested positive in her son’s classroom at the time of his infection, but a parent later told Jensen he was four, according to court documents.
The lack of mitigation and the delay in communicating about infections was a risk to the community, Jensen said in his statement. Her son had attended community, religious and Cub functions before he tested positive.
Court documents do not reveal how much time elapsed between the children testing positive and the school notifying the parents.
“The refusal of the Waukesha School District to implement reasonable Covid-19 mitigation strategies, not only affected our immediate family, but had we been made aware earlier of my eldest son’s close contact with someone diagnosed. with Covid-19, we could have prevented possible further community spread of the virus, ”Jensen said in the court statement.
Jensen is also seeking class action status for herself, her son, and any Wisconsin K-12 public school students who have been infected with Covid-19, as well as their parents or guardians.