Summary

Edmond did you know a group of parents filed an injunction against the school district to stop the discrimination and WON?  Edmond parents approached the school on their discriminatory policies, ending up in court to resolve the matter.  Edmond is still choosing to discriminate since the school board is actively appealing the case.

Original Lawsuit 2021 Information

In September of 2021 a group of parents filed a lawsuit against Edmond Public Schools (EPS) for discriminating against their children with their COVID policy and causing irreparable harm.  Beginning on August 18, 2021, if an Edmond student 12 years old or older was exposed to COVID-19 and they were unvaccinated, they had to quarantine at home for 7-10 days. If a student who was vaccinated was exposed to COVID-19, they were allowed to stay at school and just monitor for symptoms. Many students displayed troubling affects as a result of this policy, including suicidal tendencies, self-harm, and regression in hard-fought battles due to special needs.  In December of 2021 Judge Andrews issued an injunction against EPS, stating they could no longer treat vaccinated students differently than unvaccinated students as it went against the 14th amendment. He also stated EPS’s policy caused irreparable harm to children. You can read the full ruling below. There are also links to show you statements made during the court hearing that show the process that EPS used to make policies and what departments they listened to and when they chose to follow them and when they did not.

2021 Facts & Links

Oklahoma Supreme Court Hearing Updates

After the EPS lost their case in court, they appealed the ruling to the Oklahoma State Supreme Court.  The court accepted the case and after more than a year, they made their ruling.  Again, it was in favor of the parents. Oklahoma State Supreme Court Ruling 

After being ruled against twice now, the school district then asked the Oklahoma State Supreme Court for a rehearing.  EPS has lost every time they have gone to court on this issue, yet they keep trying to get permission to discriminate against students. Reminder: EPS board of education gave all rights concerning Covid-19 over to Superintendent Gruenwald. 

Appeal to Rehear from EPS to Oklahoma Supreme Court 

Key Facts from Transcripts

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“There comes a point” when [“it’s reasonable to disagree with the Oklahoma City-County Health Department”]. – Dr. Grunewald

Dr. Grunewald states that Mike Johnson (a district employee) chose the number of .5, the magic number when the district would no longer require quarantines for unvaccinated students, not the CDC, the State Department of Health, or the OCCHD (which are the agencies EPS uses for its guidance). She also stated the OCCHD disagreed with them not continuing to quarantine. The reason this is significant is because Dr. Grunewald continually stated to parents and in testimony that she was only following the OCCHD’s guidance. This clearly shows she has the authority to disagree and chose another path.

A: We had always known that quarantines would end, and when we saw them going down, we felt like we had to get that solid number in place. And then when we saw we were getting close to that solid number, we felt like we needed to communicate that out to our parents. Q: So is the solid number .5 percent? A: For ten days or more. Q: Okay. That's decimal point five, percent sign, for ten school days? A: Yes. Q: And how was that number derived? A: Mike Johnston took the trend line from this year and compared it to the trend line from last year and identified the point where we no longer saw any growth in that, and where it had leveled out, and looked at the two together and picked a point that compared with last year when the trend line leveled off and we were not seeing the big spike in cases. Q: Is that your concern, is to try to avoid a big spike? A: Yes. Q: Spike in positive cases? A: Yes. Q: And through that process, you settled on the .5 percent number? A: Yes. We communicated that with the Oklahoma City-County Health Department. They were not -- they would like to see us continue quarantines, but we did work with them and look at this. Q: You believe it's reasonable to disagree with the Health Department in this case? A: There comes a point. The exact e-mail we ask was when will they end, and he was basically -- you will never say, "I won't ever quarantine," because you could have mumps or measles or meningitis, and so you have to always have that capability to quarantine if needed. Q: And you believe you still have that authority to quarantine for those other conditions. Those aren't at issue in this case? A: No, we set the threshold based on COVID numbers for COVID quarantines.

9-30-2021 Transcript: Page 319 line 10 thru Page 320 line 25

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“I do believe that some students suffer more...than others." – Dr. Grunewald

Dr. Grunewald believes students were suffering during quarantines.

Q: That's not my question. My question is, is do you disagree about the detrimental effects that quarantines have on children?   A: I do believe that some students suffer more with quarantines than others.

9-30-2021 Transcript: Page 326 line 25 thru Page 327 line 4

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Question: "Is there anything in [the letter from the Oklahoma City-County Health Department] that says it is mandatory [to quarantine]?"

Answer: “No." – Dr. Grunewald

Per Dr. Grunewald’s own testimony, OCCHD never mandated Edmond Public Schools to quarantine students.

Q: Now, I'd like for you next to go to your Exhibit Number 2. This is the letter from the Oklahoma City-County Health Department. Is it your testimony that this was a mandatory quarantine requirement letter? A: They advised us to do quarantines. Q: Can you listen to my questions real carefully? Is there anything in here, in this Exhibit Number 2, that says it is mandatory? A: No.

9-30-2021 Transcript: Page 333 line 16 thru line 24

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"I will say ultimately it was me [that made the decision on behalf of the Edmond Public Schools to convert that 'strongly recommends' to 'mandatory' language]." – Dr. Grunewald

Dr. Grunewald changed the recommendation of the OCCHD from highly recommends to required. OCCHD never required quarantine of unvaccinated students.

Q: They strongly recommend a ten day quarantine for close contacts. That was construed to be a mandatory quarantine in the protocol policy that was developed for the Edmond Public Schools; correct? A: If you don't require it, if it's just optional, we were doing that at the beginning and it was not working. Q: Ma'am, when you got down to the protocols that brings us here today, that language became mandatory, did it not? A: It became required, yes. Q: Now, did you get any update from the Oklahoma City and Oklahoma County Health Department that said, "We're changing that from strongly recommends to mandatory"? A: No, sir. Q: Now, if you'll go down to one, two, three four, five, six, seven, the seventh paragraph, you'll see the word "recommended." Do you see that, ma'am? A: Yes. Q: Did you follow that policy? It says, "Since your child has been identified as a close contact to a positive case, it is recommended that you have them tested for COVID 19 regardless of vaccinated status." If I understand your policy correctly, vaccinated students are totally exempt; is that correct? A: Their parents are notified and asked to symptom monitor, and they could test if they chose to. Q: Is that part of your policy? A: No. Q: Could we find that in one of these documents in this book? A: No. Q: So how are the parents supposed to know that, ma'am? A: It's in the information they receive when they're notified that they have a positive contact. Q: Is that information that is orally disseminated or is it in writing? A: Sometimes it's an e-mail, sometimes it's a phone call. It usually depends on how much the COVID captain has to -- how many they have to notify. Q: So who was it that made the decision on behalf of the Edmond Public Schools to convert that strongly recommends to mandatory language? A: I will say ultimately it was me.

9-30-2021 Transcript: Page 335 line 3 thru Page 336 line 23

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"I would agree" that ["virtual learning is not as effective as classroom learning"]. – Dr. Grunewald

Dr. Grunewald agrees virtual learning isn’t as effective as classroom learning yet still required our students to quarantine by her own choice.

Q: Even though that occurs, would you agree with others who have testified that virtual learning is not as effective as classroom learning? A: I would agree with that. Q: And that the socialization aspect of public education is totally missing in an environment of virtual learning; correct? A: Correct.

9-30-2021 Transcript: Page 340 line 16 thru line 23

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Question: "Would you agree...that vaccinated and unvaccinated students...are treated differently" and that "vaccinated [students]...have the advantage...?"

Answer: "Yes." – Dr. Grunewald

Dr. Grunewald admits discrimination (being "treated differently" is against the 14th amendment). She admits vaccinated kids have more advantages (discrimination against unvaccinated students) and quarantined students have a lesser quality of education (discrimination). She would again try to deflect the responsibility to the “authorities” but we have shown earlier she admits it was her decision to require quarantines, not “authorities”.

Q: Would you agree, ma'am, that vaccinated and unvaccinated students in the Edmond Public Schools are treated differently, in terms of the administration of the quarantine policy? A: Yes. Q: And would you agree with me, ma'am, that those students who have been vaccinated and are able to remain in the classroom without any testing have the advantage of greater socialization activity, as well extracurricular activities, than do the quarantined students? A: Yes. Our goal is to keep students safe and keep them in school. And when they - - when our authorities tell us that vaccinated students don't have to miss school, we're working to keep students in school, so we take that. Q: So would you also agree with me that the quality of the education that's being delivered with a quarantine policy that you have had in effect of being mandatory in nature basically discriminates against the unvaccinated student and provides a lesser quality of education? A: I wouldn't say it discriminates. It does provide a lesser quality of education for a limited number of days. If you look at the number of quarantines, some of these are two days, some of them are three; they fall over weekends. It is not an extended period of time. Q: Some of these students have been quarantined two or three times, have they not? A: Yes.

9-30-2021 Transcript: Page 343 line 17 thru Page 344 line 22

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Question: "So rather than looking at CDC guidelines or any other guidelines, you would rely on Mr. Johnston with a safety degree?"

Answer: "Yes." – Dr. Grunewald

Dr. Grunewald again showing she is not listening to the OCCHD for guidance, but simply making these decisions on her own.

Q: Well, there will be some people that might disagree with that in this room. In your testimony, you stated that these protocols in this .5 percent policy was basically developed by a gentleman by the name of Mike Johnston? A: Yes. Q: Who is Mike Johnston? A: He is our district safety coordinator. Q: Is he the guy that's establishing all of these policies? A: He is our lead in our COVID protocols. Q: Does he have a medical degree? A: No, he has a safety degree. Q: He has a what? A: A degree in safety. I can't tell you – Q: A degree in safety? A: Yes. Q: Now, just exactly what does that mean? A: You can get them from UCO. It's -- I don't know the exact title of the degree, but it is a degree in providing safety in buildings. A lot of hospitals employ safety people. I can't tell you the exact title of it. Q: And is it true that it is he who developed this .5 percent criteria for ten days? A: Correct, correct. Q: Do you believe that he has the expertise to make these kinds of policy decisions? A: He worked with Eddie, with Mr. Withers, and Mike has been to lots of training. He has stayed more up-to-date than anyone in the district on COVID. Q: Were you current -- were you present when Mr. Withers' deposition was taken? A: I was not. Q: Have you read his deposition? A: I have not. Q: Are you aware of whether Mr. Withers had anything to say about this .5 percent issue? A: I am aware that they are not as pleased, as they would like us to continue to require quarantines, but he -- we worked in cooperation. There's a difference between always agreeing and cooperating and to come up with the best end point. Q: And would you agree with me that the CDC has never approved or even closely approximated this same rule? A: Correct. Q: So rather than looking at CDC guidelines or any other guidelines, you would rely on Mr. Johnston with a safety degree? A: Yes. We have seen the spike and then we have seen the downward trend, and we feel like we are past the point that safety was in danger, and there has to be an end point. And if the Oklahoma City-County Health Department is not going to give us an end point, then we need to set our own.

9-30-2021 Transcript: Page 349 line 10 thru Page 351 line 15

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Question: "Are you aware of any health authority that has recommended mandatory quarantining?"

Answer: "I'm going to say no." – Dr. Grunewald

Dr. Grunewald says she isn’t aware of ANY authority requiring quarantines for students.

Q: And so my question is very simple, ma'am. Are you aware of any health authority that has recommended mandatory quarantining? A: I'm going to say no. I don't know what you're getting at, but --.

9-30-2021 Transcript: Page 357 line 17 thru line 21

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"The trend lines were all very similar, correct" [for school districts that were recommending or mandating quarantines]. – Dr. Grunewald

Dr. Grunewald agrees that Edmond Public Schools COVID numbers were very similar to those within the OKC metro. The plaintiffs offered a chart to show the rate of spread of COVID amidst different policies. COVID Cases Data Chart

Q: If those trend lines are accurate, they would basically say that strongly recommending quarantining works just as well as mandatory quarantining, in terms of the trend line; correct? … Q: But would you agree from looking at the trend lines of those school districts today ...they keep the numbers like you do, apparently... that they're doing just as well as the Edmond Public Schools, without having mandatory – A: The trend lines were all very similar, correct.

9-30-2021 Transcript: Page 359 line 1 thru line 4, Page 359 line 17 thru line 23

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"We are following the guidance that was provided to us."

"I will say ultimately it was me." – Dr. Grunewald

Dr. Grunewald continues to state she is following the guidance she was given, yet as we have shown you, she is the only one who made the decision to REQUIRE quarantining students.

Q: So do you think your policy is sound, when they're not mandatorily required to even test, much less be quarantined? A: Our policy is following the advice that was given us. ...

Q: Do you have an opinion, ma'am, that if a vaccinated student can transmit COVID-19, how can they be any safer than an unvaccinated student? A: We are following the guidance that was provided to us. Q: By? A: Oklahoma City-County Health Department… ...

Q: So who was it that made the decision on behalf of the Edmond Public Schools to convert that strongly recommends to mandatory language? A: I will say ultimately it was me. ...

A: We have looked at -- we have tried our hardest to find different ways to keep students in school, but we have to -- we are not medical professionals, and I'm not going to claim to be, and so we are providing and following the guidance that has been given us. MR. WARD: I think we've gone through those guidances. Thank you.

9-30-2021 Transcript: Page 358 line 3 thru line 7, Page 370 line 11 thru line 17, Page 336 line 20 thru line 23, Page 371 line 8 thru line 14