Return To In-Person Learning Sparks Class Action Lawsuits by Teachers and Parents

Parents say they want both students and teachers back in the classroom now. Teachers say they want assurances that classes will be safe. The back and forth has resulted in school districts nationwide being caught in the crosshairs of class action lawsuits filed by parents and teachers over in-person learning, as the coronavirus pandemic persists.

Class Action Lawsuits Filed by New Jersey Parents for Return to In-Person Learning

Eight New Jersey families have filed a class action lawsuit against the Montclair School District after teachers and staff refused to return to in-person learning, according to a local news source.

The families say their children have been denied the right to an education after the school district failed for the third time to return to in-person learning during the pandemic. The class action lawsuit names the Montclair School District, Board of Education, and the Superintendent as defendants who allegedly cited a lack of staff as the reason behind the continued remote learning in the district.

The class action lawsuit is demanding both teachers and students return to in-person teaching for a full five days a week.

“With their arbitrary rules that fly in the face of the recommendations of experts across different disciplines, the children of the district have been deprived of their right to an education,” state the parents in their lawsuit. “Sadly, there has been no one to speak for our children over the last 12 months as they silently suffered with remote learning. This lawsuit seeks to remedy the situation on their behalf.”

School district officials have pointed the finger at the Montclair Education Association union in a separate lawsuit filed after teachers and staff refused to return to the classroom on Jan. 25 of this year citing unsafe buildings. There are reportedly concerns about the buildings’ ventilation, structural issues and safety procedures.  The parents accuse teachers and staff of partaking in an illegal strike.

New York Teachers Seek Protection from Retaliation Over Reopening Comments

The Rochester Teachers Association filed a class action lawsuit against its school district last week, saying members have suffered “repercussions” after speaking out against reopening. Teachers and staff want the district to delay its reopening to in-person learning, with nearly 90 percent of teachers and many parents expressing concern about the district’s plan, according to a local NBC affiliate.

District officials have maintained that the plan has appropriate protocols in place to keep students and teachers safe; however, teachers and staff who expressed concerns about returning haven’t been protected against repercussions, according to the lawsuit. The Association recommended in a Tweet that those who want to speak out against Rochester’s re-opening plan should do so anonymously through its website.

As the coronavirus pandemic continues, teachers, parents, and school districts continue to be at odds about the best plan for students. The disagreements have resulted in lawsuits all across the nation, including one filed by teachers in Florida this summer and by parents of children with disabilities this fall. Top Class Actions will continue to monitor this and other COVID-19 legal issues to keep consumers informed. Click on the “Follow Article” button at the top of this page to get the latest updates on the parent’s class action lawsuit by using your free Top Class Actions account.

Do you have school-aged children? Are you a teacher? What do you think of the return to in-person learning? Tell us your thoughts in the comment section below!

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