In reversal of earlier decision, Buffalo agrees to let maskless student attend school

The boy's parents filed a complaint in federal court last week, and today, the school district reached an agreement with the parents that affects the boy and other students who have asked for an exemption from wearing a mask.

The 10-year-old is diagnosed with autism spectrum disorder, attention deficit hyperactivity disorder, migraines, hypotonia and pica, an eating disorder involving eating nonfood items.

"My clients are disappointed that it took many months and filing a federal lawsuit to get their son back in school," said their attorney, Rebecca Izzo. "He’s missed nearly half of his fifth grade year, and that’s time that he’ll never get back. But they're grateful the district has finally agreed to do the right thing."

The district and the attorney for the family are still working out some remaining matters in the litigation. Since the matter is still active, the district's general counsel, Nathaniel J. Kuzma, said the district is refraining from commenting at this time.

The boy's parents, Edward Speidel and Amy Szafranski, had expected their son would return to in-person learning in September. 

His medical provider had written a note saying that his pica prevents him from wearing a face mask, but that he could tolerate a face shield. The district gave him a face shield so he could practice wearing it, his mother said. But then the district told the family he would not be allowed to attend his special education classroom in person unless he could wear a mask. And the district offered him remote instruction as an accommodation.

But Izzo contends that the district was in violation of the Americans with Disabilities Act and the Rehabilitation Act, and did not heed federal and state guidance on wearing masks that provides for leeway if a person cannot tolerate a mask.

The agreement allows the boy to return to school Feb. 7 wearing a face shield. He will be provided bus transportation and will attend all classes with various safety protocols, such as social distancing and the use of the face shield. He is to undergo testing for Covid-19 once a week with a rapid antigen test given by the school nurse.

The agreement read into the record before U.S. District Court Judge John L. Sinatra, Jr. also states that the district is already "crafting and implementing new protocols regarding requests for exemptions to the District’s mask mandate," and that the language regarding masks issued Aug. 9 is "obsolete." 

"The district intends to reach out to the parents of the students who previously requested a mask exemption, and the district will analyze all requests for exemptions on a case-by-case basis," the agreement states.

Szafranski has been helping her son complete his school work at home, but the family said he was getting little to no physical, occupational and speech therapy. And he doesn't understand why he can't go to school.

Speidel said he had gone to the special education office and School Board meetings, contacted administrators, board members, state Education Department representatives and even the governor's office. He said the district's response has been "we're working on it."

Izzo said the case was not about masks, but "about children with disabilities having equal access to their public schools."