Parents Sue Scotch Plains-Fanwood Schools For Closing Amid COVID

SCOTCH PLAINS/FANWOOD, NJ — Five parents have come together and filed a lawsuit against the Scotch Plains-Fanwood Regional School District, Board of Education and Superintendent Dr. Joan Mast for keeping students out of school.

"This civil action challenges the blatant abuse of discretion by [the district, BOE, and Mast] for the unconstitutional, random and arbitrary continued shutdown of in-school learning in their public school system," according to the suit filed in federal court.

The suit was filed Tuesday by James Mermigis of The Mermigis Law Group in Syosset, New York and Daniel Schumutter of Hartman & Winnicki in Ridgewood.

"We have remained closed since September — except for a handful of elementary schools that went back to school for 1 to 2 weeks before the entire district went virtual. We have lost all trust in Dr. Mast and the BOE. We want what's left of the school year for our children," said Danielle Wildstein, one of the parents who filed the lawsuit.

Wildstein has been a big proponent of keeping schools open since even before the beginning of the school year. She has hosted a number of protests in light of the district's decision to keep all students on virtual learning due to the coronavirus pandemic.

She noted that other school districts similar to SP-F have been open since September while Scotch Plains-Fanwood has essentially remained entirely virtual.

"There are middle school and high schoolers who have not seen the inside of a school building since March. It is unfathomable. And it wasn't for any good reason," said Wildstein.

Wildstein filed the lawsuit along with parents Vicki Dembiec, David Duncan, Nicholas Nitti, and Joshua Stone. The lawsuit is looking for three things: to reopen schools immediately, to open for 5 partial days, and for Dr. Mast to not be allowed to close the schools arbitrarily.

As a result of the virtual schooling, Dembiec said her 17-year-old high school senior identified as "M.D." hasn't been in school since March. And Dembiec's fifth-grade son identified as "P.D. " was forced to attend private school due to his struggles with remote learning.

The lawsuit claims the district's actions will deprive "all Scotch Plains-Fanwood school children, of the opportunity for a meaningful education, including appropriate academic instruction and social/emotional growth and support, all of which are critical to ensure success later in life."

The suit goes on to claim the district's "arbitrary and capricious actions put at risk the futures of an entire generation of New Jersey children and have long term implications for economic stability in the state."

The school district made the decision to open fully virtual and pushed back the first day of school to Sept. 14 due to ventilation issues. The district did eventually open to in-person learning in October but that was quickly reversed back to virtual due to the spike in cases of the coronavirus in November.

Mast issued a video on Nov. 24, just before Thanksgiving, stating that she is standing behind the district's decision to keep students totally virtual safety reasons.

"As superintendent, my job has never as arduous as it is today. And although not universally popular, I stand firm in the decisions I've made knowing they are made to protect the health and safety of our students and staff," said Mast.

Mast did not respond to Patch's request for comment on the lawsuit. However, a letter was sent out to the community stating that on Jan. 14, 2021, the district is planning to open schools, with the hybrid model, for students who are currently in school and for grades K - 6. All other students (PreK and 7 - 12) will return on Jan. 19, 2021.

"I don't believe in coincidences," said Wildstein of Mast's community letter to reopen schools. "The timing of her letter was very interesting."

Despite Mast's decision to reopen schools, Wildstein said the parents will still pursue the lawsuit.

Read the entire lawsuit below:

• Read More: Scotch Plains-Fanwood To Reopen With All Virtual Learning Plan
• More: Scotch Plains-Fanwood Parents Rally, Want Kids Back In School
• More: Parents Protest As Scotch Plains–Fanwood Schools Shift To Virtual
• More: 100 Students, Parents Protest Scotch Plains-Fanwood Virtual Shift
• More: Scotch Plains Superintendent 'Stands Firm' In Switch To Virtual

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