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Class Action Lawsuit Against State ISDs

Class Action Lawsuit Against State ISDs

28 News 10/01/2021 1369

Tyler, TX. – On Sept. 30, 2021, the Texas Freedom Coalition announced their effort to organize plaintiffs for a class-action lawsuit against multiple independent school districts in the state of Texas that have approved the use of ESSER funds to pay bonuses to teachers and staff who are fully vaccinated against Covid-19. This announcement follows their ongoing campaign to oppose highly politicized vaccine incentive programs in school districts across the state, which was first addressed at the Tyler Independent School District Board Meeting on August 23, 2021.

At the August 23, 2021, Tyler ISD Board of Trustees meeting, Christin Bentley, President of the Texas Freedom Coalition, cautioned board members from approving a vaccine incentive program that would disqualify some teachers and staff from equal pay or benefits based on medical status, as it would be a potential civil rights violation to teachers who have a religious objection or personal medical reason for not getting vaccinated; on behalf of Texas Freedom Coalition, she also expressed concerns regarding the medical privacy of teachers and staff, pointing out that payroll records of all school district employees are considered public record.

Tyler ISD Board of Trustees unanimously approved the measure later that evening.

On August 27, 2021, Texas Freedom Coalition filed a Private Information Act request with Tyler Independent School District, asking for the payroll records of TylerISD Superintendent Dr. Marty L. Crawford. Responsive records were received by the Texas Freedom Coalition on September 8, 2021, and presented to the Tyler ISD Board of Trustees on September 20, 2021, by Sarah Fields, Director of Advocacy for the Texas Freedom Coalition. These records demonstrated that school district employee pay is public record. Ms. Fields cautioned that once bonuses are paid to fully vaccinated employees in TylerISD, the public will be able to see which employees are vaccinated, and therefore, which ones are not.

At this meeting, the Texas Freedom Coalition again cautioned the Tyler ISD Board of Trustees about the potential civil rights violations of employees who have a sincere religious objection and/ or medical exemption to vaccination, and that this could lead to costly litigation and damages in the future. The Texas Freedom Coalition proposed that the Tyler ISD Board of Trustees consider measures that would prevent a lawsuit and mitigate possible damages by offering a one-time $500 bonus to all district employees to be used to support independent, healthy lifestyle choices during the Covid-19 Pandemic. As of September 30, 2021, the Tyler ISD Board of Trustees had not responded to this request.

The Tyler Independent School District is one of many school districts in Texas that have approved a vaccine incentive program for their employees. The Texas Freedom Coalition has received calls and messages from concerned teachers and school staff from across the state. In response, the Texas Freedom Coalition is organizing plaintiffs for a class-action lawsuit against multiple Texas school districts, collaborating with lead counsel, Paul Davis, J.D. Paul Davis J.D. is a Frisco-based attorney who specializes in civil rights, employment law, torts, and contracts. The goal of these efforts is to protect the medical privacy of school district employees in the state of Texas, in addition to protecting their rights to equal pay under the law.


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