LOS ANGELES — Finding that the Board of Education’s authority is “great, but not unlimited,” a judge ruled Tuesday in favor of the father of a 12-year-old student who challenged the Los Angeles Unified School District’s student coronavirus vaccine mandate, finding that the resolution approving the directive clashes with state law.
G.F. filed the case last Oct. 8 on behalf of himself and his son, a Science Academy STEM Magnet school student. G.F. maintained the state and not the LAUSD is authorized to issue vaccination mandates and that the district’s requirement that unvaccinated pupils 12 years old and over attend independent learning classes outside campus violates the state Education Code.
“While LAUSD argues the court’s ruling should apply to D.F. only, the court finds no justification for such a limitation given the board’s lack of authority to adopt the resolution,” Beckloff wrote.“In April of this year, the Los Angeles Unified School District aligned with the state’s timeline for implementation of the governor’s student vaccine mandate wherein any vaccine requirement would not take effect until after full FDA approval and no sooner than July 1, 2023.
“Further, I worry that vaccinating him could prove even more dangerous now that he has had COVID-19,” G.F. says. “Among other things, I fear that the vaccination could overexcite his immune system and antibodies.”