The battle over a mask mandate at Alum Rock Union School District in San Jose is heating up after a father of two students, sent home for refusing to wear masks, is preparing to sue.
He said that for the seventh school day in a row, he took his two sons to Adelante Academy and they were turned away and told they couldn’t attend class unless they wore a mask.
The father, who did not want to be identified to protect his fourth and sixth grade boys, said the issue started after the first week of classes.
“I was told to pick him up because he refused to put on the mask and if he didnt put on the mask he would not be educated at Adelante Academy,” he said.
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The father said the masks irritate both sons’ face and eyes, and distract them from learning.
He does not believe it's a safety issue and points out the Santa Clara County Public Health Department has not issued a mask mandate and other nearby school districts, including San Jose Unified, do not require masks.
NBC Bay Area reached out to the Alum Rock Union School District superintendent who issued a statement saying, “The decision to keep masks indoors was made based on the contagion level data in our community. Although we have a few individuals that don't agree with the mask requirement indoors, the great majority of our parents and staff are very supportive of this measure. This decision is not about what we like, it is about what allows our community to feel safe in our schools.”
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Now the father is gearing up for a legal fight.
This week, his attorney Tracy Henderson, who founded the California Parents Union, sent the district a cease and desist letter saying the district is overstepping its authority and she plans to file an injunction.
“The children of California have the right to in-person education free from harassment and discrimination and in this situation the district is violating those rights,” said Henderson.
The boys’ father says the entire ordeal is taking an emotional toll on his sons.
“It’s my children's right to have a public education and they are refusing to educate my kids and they won't even send them homework home or a packet while they are out,” he said.
The father said he tried to transfer the students to a school district that does not have a mask mandate in place, but Adelante is a dual-immersion school and he says schools offering similar programs are full.
