Appeal Filed Against Rejected Cobb Schools COVID Protocol Lawsuit

COBB COUNTY, GA — A month after a federal judge rejected the Southern Poverty Law Center's lawsuit against Cobb County School District over a lack of COVID-19 protocols, the SPLC has filed an appeal against this decision, officials announced Wednesday.

The SPLC filed a lawsuit on behalf of four Cobb parents Oct. 1 against the school district, Superintendent Chris Ragsdale and all seven members of the CCSD school board, requesting a temporary restraining order and preliminary injunction. The parents have children in the district with health issues "who are at risk of severe illness and even death" if they contract COVID-19: myeloid leukemia, hypogammaglobulinemia, Duchenne muscular dystrophy, bronchiectasis, chronic bronchitis and chronic severe asthma.

“This case isn’t just about masks, this is about disability discrimination in the Cobb County School District and ensuring that all children have an equal opportunity to access an in-person learning environment,” said Mike Tafelski, senior supervising attorney for the SPLC, in the release. “The district’s continued refusal to follow CDC guidelines and ensure safe schools for all students effectively deny our clients the access they are entitled to under federal law."

The lawsuit also alleges that the district's choice to relax many of its COVID-19 protocols before the 2021-22 school year started — like not requiring masks in schools — forced parents to put their kids in asynchronous learning options where they are "segregated from their nondisabled peers and deprived of critical social and educational opportunities, in violation of their rights," the SPLC said in a news release.

“Online interactions are not the same as in person interactions. Isolating students with disabilities in virtual learning when that is not their choice — when they could attend class face to face with accommodations — is segregation," said Beth Baird, one of the parents suing on behalf of her child. "We've been trying to move away from segregating and isolating children with disabilities for too long to take steps backward now."

U.S. District Judge Timothy Batten denied the SPLC's request last month, saying the district "made an informed choice that is neither arbitrary nor unreasonable" and that parents were asking the courts to overrule the district's authority.

"[CCSD's] COVID[-19] policies apply to all students, regardless of ability. Additionally, plaintiffs — like all students in Cobb County — were given the option to attend virtual school in lieu of in-person classes," Batten wrote in his ruling in October. "Plaintiffs attempt to allege disparate treatment by a facially neutral policy that applied to disabled and non-disabled students alike, and their argument falls well short of the high bar required for injunctive relief."

A district spokesperson sent the following statement to Patch regarding the lawsuit appeal:

"We cannot comment on pending lawsuits but appreciate the support of Nelson Mullins on all legal matters concerning the school district."

Related:

• Judge Rejects Lawsuit Against Cobb Schools Over COVID Protocols
• Cobb Schools Face Federal Lawsuit Over Lack Of COVID Protection