Legal Tools for Parents and Others When Rights are Blocked, from our friend and wise woman, Mary Kelly Sutton, MD
February 1, 2023
Legal Tools for Parents and Others When Rights are Blocked
Parents and others (including doctors) have found their rights blocked by a school or state agency. Sometimes children were turned away from schools for a vaccine issue. Parents and students have been given harsh directives from school officials regarding mandates, often with no legal authority as foundation. Regulatory boards limit professional activity outside the written letter of the law and principles of the profession itself. Patients lose health advocates when a doctor is disciplined.
Each public entity which we interface with has an employee liability policy, against which a claim can be made. A school employee or group, or a regulatory board, is insured by the state for actions which they take while acting in their official roles. This is similar to a doctor having malpractice insurance, against which a patient who feels wronged can make a claim for damages. While doctors are sued for malpractice regularly, it is uncommon to hear of state employees or agencies being sued. It can be difficult to find out the name of the relevant insurance company for the public employee or agency of concern. However, in California, the Public Records Act guarantees the right of Californians to request public information from these entities. The information must be returned to the person requesting it within ten days. Using the law for our rights is always a learning experience, as some individuals in administrative positions know the law and comply quickly, and others have their own way of doing things. The key is to be clear, patient, and to continue in requesting until you are successful. In this newsletter are examples of wording to use in asking for insurance information from a public entity.
Once you have received the insurance company’s information, you can contact the insurance company and say that you want to place a claim for damages, much as you would after an auto accident. You can describe your own situation and state what monetary value there is to the loss or damage you have endured. A group of parents working together is making steady progress.
Thank you in helping the future by caring for your children! MKS MD
Parents asked me to share the below time sensitive information for you to use as you see fit.
Please be advised you are completely responsible for any and all outcomes from using the below information shared by parents. If you have any questions, comments, information to share with other parents, please email me at mmt@leader.com.
SAMPLE LETTER NO. 1 is for K-12 parents to ask for insurance coverage information and other records.
SAMPLE LETTER NO. 2 is for anyone and non-covered health care workers to inform their state and private entities that they are not required to receive COVID vaccine and booster. You may adapt the idea to use it in another state. Federal employees and entities may observe different COVID related requirements. California has no known legal authority imposing COVID vaccine and booster on anyone and non-covered health care workers. Even for California covered health care workers, they could claim religious, medical, and prior-infection exemptions. As legal requirements relating to COVID issues change frequently, please conduct your own research, seek legal advice, and/or negotiate with your entity for appropriate accommodations as needed. The sample letter also has links for your information.
FOR COLLEGE STUDENTS who choose not to receive COVID vaccine and booster and other types of vaccine and booster, you may combine SAMPLE LETTER NO. 1 and SAMPLE LETTER NO. 2. For private colleges, Public Records Act requests are not applicable. The act is applicable to public colleges.
SAMPLE LETTER NO. 3 is for K-12 parents who want to file insurance claims against the Medical Board of California for wrongfully revoking your doctor’s medical license or for wrongfully disciplining them for writing medical exemption(s), rendering your medical exemption(s) denied by schools, while you know the exemptions were written by your doctor based on qualified health problems such as autoimmune and/or health issues running in your family history.
According to an insurance company, parents are filing insurance claims against schools and school districts for enforcing discriminatory policies regarding COVID related mandates. Parents are also filing insurance claims against schools and school districts for excluding children from in-person classroom instructions and on-campus activities based on medical exemption denial related issues, discrimination, and unprofessional conduct of school officers and employees. They are sharing sample letters for others to use. Please be advised you are completely responsible for any and all outcomes from using these sample letters.
A parent’s insurance claim has been accepted by an insurance company at her first phone call. During the first contact, the insurance claim adjuster right away asked this parent to submit a demand based on discrimination and unprofessional conduct on the part of the school officers. Currently, the school excluded the child from in-person classroom instructions claiming that the medical exemption is invalid. This parent plans to submit a demand asking the school to take the child back for in-person classroom instructions. The family also plans to ask for moving costs if they decide the school district’s environment becomes too hostile for unvaccinated children. This family also plans to ask the insurance company to pay wage loss for taking time away from work to deal with medical exemption denial issues with two schools for many months. Other ideas from a parent are to demand an elementary school principal to apologize to the family for unprofessional conduct and to terminate employment of school nurses and officers who violated law and are not fit to work with children and in an educational institution.
If you have questions and information to share, parents could start online sessions to meet. One parent shares the following insurance company names for parents to call them to find out whether any of them would cover your schools or school districts for employment liability claims such as discrimination and unprofessional conduct: Glatfelter Public Practice (which is underwritten by National Union Fire Insurance Co of Pittsburgh PA), Republic Indemnity Company of California, and Nationwide Insurance. If you learn of other insurance companies, please let us know. Parents want to gather a list of them. Also, if you have been wronged on different occasions, this may trigger coverage for more than one occurrence. Per one parent, an insurance company has a $5 million umbrella policy. Please check with insurance adjusters for policy terms and limits.
The Sample Letters For Your Use
Email MMT@leader.com to obtain letters in word doc format
If you live in Sacramento County, and would like to help ensure free and fair elections this November, join our county's Election Integrity Project California team! Contact April Bean at (916) 956-7055 or Email: aprilb@eip-ca.com
Election Integrity Project® California, Inc. (“EIPCa”) is a California non-profit public benefit corporation committed to defending, through education, research, and advocacy the civil rights of U.S. citizens to fully participate in the election process under Federal and state law. EIPCa believes that the electoral process is the cornerstone of self-governance and the preservation of our Constitutional Republic. EIPCa focuses on the voting process, so that every lawfully cast vote is accurately counted. As a non-partisan organization, EIPCa does not participate in any political campaign, nor does it endorse or oppose any candidate for public office.
Home Tribe connects families and educators around the world for eclectic learning experiences. Find friends, outdoor experiences, learning pods, and programs you won't find anywhere else. Website: HomeTribe.com
The Doctors Are In is a free monthly hour-long consultation "Open Office Hours" on the 3rd Thrusday of each month at 7:00pm EST Website: https://sankofahealing.synduit.com/UWKT0028
Eric Windheim, BBEC, EMRS, the founder of Windheim EMF Solutions is a certified Building Biology Environmental Consultant & Electromagnetic Radiation Specialist. Eric provides EMF assessments that will detect, measure and reduce sources of EMF radiation in your home, office, or business. Eric provides these services in the Sacramento area, online consultations and will travel for assessments. We specialize in minimizing man-made electromagnetic radiation exposure by providing inspection, testing, measurement, risk assessment, abatement, and remediation of hazardous EMF levels. Our clients often feel better immediately! Website:
https://windheimemfsolutions.com
Phone: 916-395-7336
Missie Shimizu Let’s be honest…homeschooling is one of the most challenging adventures you can pursue. We want to be there to help you accept that challenge and succeed. The Mettle Room is a place you can receive support for your student and you. Website: themettleroom.club/ Email: info@themettleroom.club
Wendi Zane and Brian Heise at Adventure Oak Learning Center Located in Citrus Heights and we’re expanding to a new site! We’re now offering classes for grades TK-8th! Wendi is a Credentialed Teacher. She has worked in education for decades, has run her own in-home childcare, has a Master’s degree in Early Childhood Education, has been teaching Waldorf for four years, and has a one year certificate in Waldorf Education. She is a Waldorf trained, nature inspired, and project based teacher. Brian has a Waldorf Certificate, been a games/movement teacher for over seven years, and a swimming coach for over 25 years. We offer Waldorf inspired classes for Main Lessons, as well as enrichment courses like woodworking, physical education, arts, crafts, and drama. Website: adventureoak.com Email: adventureoakschool@gmail.com
Cedar Springs Private Education Association (CSPEA) members work out of anthroposophy, providing an education for Early Childhood through 8th Grade, which focuses on the whole individual and humanity's future evolution and well-being. We respect the medical choices of our families and serve the community in the rolling foothills of the Sierra Nevada, home to the beautiful American River in El Dorado County. Click on the following links for more information: CSPEA Information Enrollment Employment
Karen Younger UCLA graduate with many years of general office experience, seeking work. Very computer literate in most typical software and experienced in many unique databases, including PeopleSoft. Can work full time or part time, in my home or at your place of work. Call at (916) 844-7302
Weston Price Chapter in Sacramento Come build community with like-minded folks who are passionate about nourishing foods and health freedom! Join the Sacramento Weston A Price Chapter for in-person meetings every first Sunday of the month at 3 PM in Fair Oaks. Visit www.sacwapf.org for more information, and contact Megan at sacwapf@gmail.com for address and to RSVP. Kids and families welcome!
Freedom Family Cooperative Our little rogue community is so lucky to live mostly normal lives and allow our children to escape the fear-mongering world out their where so many have willingly thrown away their liberties and allowed a false authority to take complete control of their lives. Don’t let propaganda ruin your life. Come join us! contact Kathryn King (512) 356-9243 or Email: atontheloose003@gmail.com
Thanks to Nancy Poer, for putting her creative talents to work in expressing the spiritual nature of the child. View her Sacred Incarnation Series here:
Call from Heaven, Crowns of Glory, Healing Power of Touch, Protecting the Very Young, Oh Those Brothers and Sisters, The Holy Mother Child and our Babies
Kristina Cole, FDN-P is a functional medicine practitioner helping address lifestyle changes to improve metabolic homeostasis through a personalized health plan. Kristina is also a Pilates instructor providing private lessons at her office. You can book an informational call regarding either service. Hope to speak with you soon! Website: kristinacole.com
Eurythmist Alice Stamm would like to offer eurythmy for home schoolers in our area. If interested please contact alicestamm777@gmail.com or (916) 728-2462 Reasonable rates!
A gift from Ronald Koetzsch: his very special translation of Rudolf Steiner’s Calendar of the Soul
Rachael Dardano Internal Wisdom: Offering support for Anxiety and Stress. Infrared light sauna, red light therapies, massage, colon hydrotherapy, and sound vibration healing beds. Website: internalwisdom.com
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