Help Leon Keep His School & Medical Rights

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Help Leon Keep His School & Medical Rights

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Our son Leon is profoundly autistic, and with the guidance of a New York State licensed physician, we made the difficult decision to forgo further vaccinations. Leon was granted a medical exemption, which we submitted to our school district. Unfortunately, the district has denied his valid medical exemption and he is excluded from school and his IEP services as of 1/5/2026.

Leon thrives on routine, and on November 7th, we were abruptly notified that he was to be excluded from school immediately. We received no prior warning that Leon was missing vaccines, and to make matters worse, we were told he would also be denied the services outlined in his IEP. This was not only unlawful but also extremely disruptive to Leon’s routine, causing significant distress for him and our family as we tried to navigate New York state law on our own. Realizing the district was not following the law, especially regarding Leon’s IEP services, we felt forced to seek legal representation. Our attorney, Chad Davenport, is representing many families like ours to ensure our children’s education and rights are protected in New York.

We are now pursuing legal action to ensure Leon’s medical exemption is honored and that he can continue to attend school and receive his services without delay. We are asking for your support to help cover our legal fees and to stand with us in protecting the rights of children like Leon.

The typical road to relief offered to families is to file an appeal with the Commissioner’s Appeal Office who has historically upheld a District’s denial in all but ONE case since 1991. The Commissioner’s Office is practically and legally inadequate to protect the rights of children across New York State. To compound that, the review process can take up to a year which would be detrimental to Leon’s progress and development as a special needs child. This is why we have chosen to file an Article 78 in hopes to keep Leon in school and not excluded from his teachers/therapists that have worked so hard to build a rapport with him and have seen so much progress as a result. We stand to lose so much.

Regardless of one’s personal beliefs on vaccinations, we have worked within the rules that the system requires and are being denied our legal right to protect Leon’s right to school and medical rights. If you feel this all sounds as unfair as it is, we aren’t the only family in the state going through this. Supporting our fight in this case helps to set precedent for future cases for children like Leon. Your support, big or small, means the world to us!

Organizer

Cayleigh Winiarski
Organizer
Olean, NY
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