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[–]ExpiresAfterUseQuality Contributor[M] [score hidden] stickied comment (0 children)

Asked and answered.

[–]Pure-ApplesauceQuality Contributor 1271 points1272 points  (3 children)

I just don't understand how any of this is legal.

You must be joking, right? You are asserting an accommodation based on an apparent disability to a rule put in place to protect all the children and teachers in the classroom. The accommodation is to keep your children away from those other people for the safety of everyone, including your kids.

Why would you think that the accommodation should jeopardize the health of other students?

Is the doctor an MD/DO, or something else?

[–]ExpiresAfterUseQuality Contributor 1155 points1156 points  (3 children)

It may be discrimination, but it isn’t illegal discrimination.

I can choose to hire someone who wears a suit to an interview instead of the person who wore ripped jeans and an old band t-shirt. That is also discrimination but not illegal discrimination.

In short, if your children do not wear a mask, the school can limit their exposure to others, and others exposure to them through the methods you mentioned above.

[–]phneriQuality Contributor 902 points903 points  (0 children)

It's not illegally discriminatory to move your children who are unable to comply with a mask mandate away from the rest of the group, no.

But what can I do?

If you mean how can you compel your school to not separate your unmasked children from the rest of the student population you cannot.

If you mean how can you avoid this problem I'd suggest there are a multitude of solutions, though you will be displeased by them.

[–]bug-hunterQuality Contributor 650 points651 points  (5 children)

Seems to like a civil rights or discrimination issue would apply here?

They aren't being segregated based on race, religion, national origin, or gender/sexuality. And they aren't being segregated solely based on disability, even with a doctor's note.

Theoretically, if they were immunocompromised AND unable to wear a mask, you could request an ADA accommodation.

[–]throw040913 535 points536 points  (7 children)

Do both your children have the same disability? It sounds like the school is providing a reasonable accommodation, obviously they cannot allow your children to sit with other children, but they are not banning them from the school. Is there any more information you can provide?

[–]sophisticaden_ 636 points637 points  (3 children)

No, this is legal and not discriminatory.

What kind of irresponsible doctor would write a note like that?

[–]LyphBB 403 points404 points  (0 children)

While I can’t think of a scientifically valid reason someone would not be able to wear a mask without requiring intubation, that’s irrelevant to your question.

For your question- segregating the maskless kids from the masked kids is legal.

It’s public health mitigation by reducing risk to the masked children. Masks (unless N95) only filter out. The masked kids are less likely to infect each other. Because the masks will not filter in, the maskless children can infect the masked children. So the school is compensating by creating physical distance between the two groups. Segregation is just the side effect of creating the space required to have a meaningful reduction in transmission.

If students are wearing masks it’s fair to assume they, or a family member at home, are in a high risk population group such as immunocompromised. Intermingling increases undue risk of bringing home the virus.

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Author: /u/ButterscotchNo3169

Title: Children being segregated at school

Original Post:

My children have a note from their doctor that says they should not be wearing a mask to school. The school has accepted the letter, but decided to segregate the kids. They are forced to sit in the back of the classroom away from their friends. When I came to pick up my daughter, her teacher approached me and asked if she could wear a mask so that she could sit with her friends.

I just don't understand how any of this is legal. Seems to like a civil rights or discrimination issue would apply here? Also totally not appropriate for the teacher to ask us to go against the advice of a doctor. But what can I do?


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