Willows Community School Lawsuit
PERK Files Lawsuit On Behalf Of students and Parents
PROTECTION OF THE EDUCATIONAL RIGHTS OF KIDS, a California non-profit corporation; DEE BARSHON, PAUL BARSHON, SHIRA AFLALO and YOTAM SHOCHAT, vs. THE WILLOWS COMMUNITY SCHOOL
In a groundbreaking legal move, families have filed a lawsuit on January 12, 2024 against The Willows School in Culver City for unlawfully mandating the COVID-19 vaccine as a prerequisite for student attendance. At the most recent court hearing, on September 24, 2024, Judge Kerry Bensinger overruled the schools attempt to dismiss the case, and instead ruled in favor of PERK and the plaintiffs as they move forward on the contract claim violation.
The lawsuit, filed by the nonprofit Protection of the Educational Rights of Kids (PERK), on behalf of the families, alleges that The Willows School breached its obligations and contractual agreements by imposing an illegal mandate and subsequently excluding children from education when their families did not comply. The plaintiffs in the case, families directly impacted by The Willows’ vaccine mandate, are standing firm in their claim that the school’s actions were not only harmful but also unlawful.
They state, "We’re all very pleased to see that this decision from the court is a vindication of the years of belief that we had done nothing wrong and only cared for the safety and wellbeing of our children. The Willows caused great damage and anxiety, not just to our families, but to many others with their belief that they had a right to control what medical procedures they could force onto us. I hope this first stage of the proceedings closes the door to any other educational facilities that think they are able to make medical decisions for our kids. This would have never happened if not for the diligence and ethical belief from PERK that we need to protect all children from outside influence."
PERK’s legal team is challenging the school’s policy, asserting that decisions regarding medical procedures should remain with parents and healthcare professionals—not educational institutions. The lawsuit seeks to prevent future incidents of similar policies being enacted without proper legal or ethical grounds. The case highlights a growing concern among parents nationwide regarding the imposition of vaccine mandates by schools.
President of PERK, Amy Bohn stated, “The overreach of schools during the time of Covid can never be forgotten. In this instance, these families and children were harmed by the abrupt and illegal removal from school. The only way to prevent this from happening again is to hold the school accountable and ensure the families harmed have been made whole.”
PERK’s lead attorney, Scott Street of JW Howard Attorneys, agreed. “During the pandemic, too many schools acted without thinking. They didn’t think about the legality of their actions or the potential consequences. They assumed that judges would protect them if families ever went to court to seek a remedy for that. And some judges have done that. But we are grateful that Judge Bensinger saw through that and allowed this case to proceed.”
Factual allegation in the case:
Plaintiffs have children who attended The Willows, a private school in Culver City that costs between $32,525 and $45,000 per year, plus $6,485 in fees. The Barshons’ sons started in kindergarten, while Ms. Aflalo’s and Mr. Shochat’s daughter began in Developmental Kindergarten. In California, children must show proof of certain vaccinations to attend school. The Barshons' son had a legal medical exemption allowing him to attend The Willows without vaccinations, while Ms. Aflalo’s and Mr. Shochat’s daughter was fully vaccinated. Other students also had vaccine exemptions, and before the Covid-19 pandemic, The Willows supported medical freedom. However, during the 2021-2022 school year, The Willows required eligible students aged 5 to 11 to get the Covid-19 vaccine to attend in-person classes, with a deadline of February 1, 2022. This policy was reportedly issued by Willows administrators, including Kitty Cohen, Lisa Rosenstein, and Terry Baird, acting within their job responsibilities.
The Covid vaccine policy was unprecedented. The Willows required its students to receive other vaccines set by the California Department of Public Health (DPH), not by the school itself. State law mandates that any new school vaccination rules must come from the Legislature or the DPH, allowing individuals to obtain exemptions based on personal beliefs. Even as a private school, The Willows must follow this law.
The Willows rejected all exemption requests, including those based on religious beliefs. They forced unvaccinated students into independent study with limited instruction (via Zoom) twice a week. These students were only allowed to take Math, English, and Science, and they were barred from extracurricular activities and school events, including field trips. These actions violated California law, including court rulings made during the COVID-19 pandemic that deemed such practices illegal.
As of February 1, 2022, The Willows required students aged 5 to 11 to have started the COVID-19 vaccine series. The school stopped offering independent study programs for those who didn't receive the vaccine. Consequently, the Barshons' son was effectively expelled from The Willows for not getting the shot, along with other students. Ms. Aflalo’s and Mr. Shochat’s daughter got COVID-19 during winter break in 2021, which made her unable to receive the vaccine. The family provided a doctor's note stating she couldn't take the shot for ninety days. Despite this, school officials did not allow her to attend in-person classes after April 22, 2022. She finished second grade remotely and was later expelled due to the vaccination mandate.
Quote from the Willows Plaintiffs regarding the tentative ruling:
We’re all very pleased to see that this decision from the court is a vindication of the years of belief that we had done nothing wrong and only cared for the safety and wellbeing of our children. The Willows caused great damage and anxiety, not just to our families, but many others in their belief that they had a right to control what medical procedures they could force onto us. I hope this first stage of the proceedings closes the door to any other educational facilities that think they are able to make medical decisions for our kids. This would have never happened if not for the diligence and ethical belief from PERK that we need to protect all children from outside influence.
For more information: https://www.perk-group.com/school-lawsuits
