Edward Speidel has talked to everyone he can think of to get his 10-year-old son back in his Buffalo Public Schools classroom.
It's been 22 months since the boy and other students were left learning from home because of the Covid-19 pandemic.
Other kids got to go back, but because he can't tolerate wearing a regular face mask, Buffalo Public Schools said he must continue to learn remotely.
That's a heavy lift for any child and family, but more so for this family. The boy is diagnosed with autism spectrum disorder, attention deficit hyperactivity disorder, migraines, hypotonia and pica, an eating disorder involving eating nonfood items.
His mother, Amy Szafranski, teaches him at home with assignments sent by his teacher.
"We’re doing our best. But that’s not what he needs," Speidel said.
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"He's not getting the social interaction. He has yet to meet in person the kids in his class," Szafranski said.
Speidel has gone to the special education office and School Board meetings, contacted administrators, board members, state Education Department representatives and even the governor's office.
"It’s like I can never win. No matter what I said or did, no one cared. They kept saying, 'We’re working on it, we’re working on it.' But my son deserves to be in school. It's his right," Speidel said. "He’s no different from any other student. They’re punishing him because he’s disabled and it breaks my heart."
And now the family has filed a complaint in U.S. District Court, claiming the school district is in violation of federal law and denying their son his education.
The district has no comment on the allegations because of the pending litigation, its general counsel, Nathaniel J. Kuzma, said in an email.
Rebecca F. Izzo, the family's attorney, maintains the district's policy violates the Americans with Disabilities Act and the Rehabilitation Act. It also is contrary to federal and state guidance on wearing masks, she said.
"This really isn't a case about masks," Izzo said. "It's a case about children with disabilities having equal access to their public schools."
The family was preparing to send the boy back to school last 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 even gave them a face shield so he could practice wearing it, his mother said.
But then the district informed the parents that their son would not be allowed to return to school in person unless he could wear a mask. The district's accommodation for him was to give him remote instruction along with in-person students.
"We did not see that coming," Speidel said.
"For a teacher to teach remotely and in-person is impossible," Szafranski said.
She said she gets the assignments, sits down with her son as he works on them and she submits them to the teacher.
"When I go to do his work with him, he’ll cry and say, 'I could be in school doing this,' " Szafranski said.
"How about when your son comes up to you and goes, ‘How come I can’t go to school? I’ll be good, I promise I’ll be good.' We’re telling him 'You didn’t do anything wrong,' but he doesn’t understand," Speidel said. "He deserves to be in school."
In addition to remote schooling, their son has had little to no occupational, physical and speech therapy in 22 months, they said.
Federal guidelines about wearing masks say that exceptions can be made for people who cannot wear a mask because of a disability, and state guidance says students with medical or developmental conditions that prevent them from wearing masks may be exempted from the requirement with medical documentation. State Department of Health guidance also states that mask requirements must be consistent with state and federal law.
The family is asking the court to declare that the district's policy violates federal law, and to issue a temporary restraining order that would allow the boy to go back to school.
"They keep saying our neediest children need to be back in school, then why aren’t they back? Why are some of theses special needs children still sitting at home?" Szafranski said.
