UTICA, N.Y. (Legal Newsline) -- A mother is suing a school for not allowing her child to attend because she will not be administered certain vaccinations.
Patricia S. Perez, individually and on behalf of her minor child I.R., filed a complaint on June 15 in the U.S. District Court for the Northern District of New York against New Paltz Central School District and Dr. Mario Fernandez, in his official capacity as the principal of the New Paltz High School.
According to the complaint, I.R. was born with developmental delays so Perez placed I.R. in a school specialized in Applied Behavioral Analysis. I.R. was also diagnosed with “other central nervous system dysfunction.”
While in school, I.R. thrived and was slowly overcoming her developmental challenges, the lawsuit says, but I.R. is now not allowed to attend school because Perez, who studied epidemiology at UCLA, refuses to allow her daughter to get particular vaccinations.
The state of New York requires vaccinations for tetanus and pertussis, causing I.R. not to be able to attend school because of Perez's decision not to have her daughter vaccinated.
Perez seeks an injunction prohibiting the expulsion of her child for not receiving the DTaP/Tdap, plus attorneys fees and cost of suit. Perez is represented by Aaron Siri of Siri and Glimstad LLP.
U.S. District Court Northern District of New York case number 1:21-cv-00706-DNH-CFH