Judge rules against San Diego Unified School District in lawsuit over COVID-19 vaccine mandate

Back to School Web Guide: San Diego Unified
Posted at 11:03 AM, Dec 20, 2021
and last updated 2021-12-20 20:16:17-05

SAN DIEGO (CNS) - A judge ruled against the San Diego Unified School District Monday in a lawsuit challenging its vaccine mandate for students.

San Diego Superior Court Judge John Meyer said the district's mandate, which does not permit religious or personal belief exemptions, contradicts state law, because implementing such mandates without exemptions can only be imposed by the state legislature.

Meyer also said that while students are required to receive some vaccinations in order to attend in-person school, adding COVID-19 to the list of required vaccinations without allowing personal belief exemptions is another area that lies only with the state.

Under the district's roadmap, unvaccinated students must take part in remote learning via independent study. By the start of the district's second semester on Jan. 24, unvaccinated students would not be allowed to continue with in-person instruction unless they have an approved medical exemption.

Meyer said that attendance in an independent study program must be voluntary, though such a program would be mandatory under the district's roadmap.

Following further arguments Monday by attorneys for the school district and the plaintiffs, the local parents group Let Them Breathe, Meyer confirmed his tentative ruling.

In response to the ruling, the district's attorney, Mark R. Bresee, issued a statement reading:

"The San Diego Unified School District is disappointed that Superior Court Judge John S. Meyer concluded only the state can act regarding vaccinations, even though the law specifically allows and encourages local vaccination programs. Even Judge Meyer acknowledged in his ruling that the vaccine mandate 'appears to be necessary and rational, and the district's desire to protect its students from COVID-19 is commendable.' The district is considering its options in response to this ruling."

It is unclear whether the school district intends to appeal the order, which comes on the day district students were required to receive their second vaccine dose in order to be considered fully vaccinated and able to attend in-person instruction by the start of the second semester.

The district's mandate, which its board approved in September, was also challenged in a separate federal lawsuit filed by a Scripps Ranch High School student and her parents, who sought to block the mandate on religious grounds.

The request was denied by a San Diego federal judge, and the decision was upheld by the 9th U.S. Circuit Court of Appeals. The student's attorneys have since asked the U.S. Supreme Court to intervene in the case.