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Declaration of Rebekah Stewart — Case 4:21-cv-00264-RP-HCA (Document 3-8)

Date
2021-09-03

Summary

The Declaration of Rebekah Stewart, filed September 3, 2021 as Document 3-8 in Case No. 4:21-cv-00264-RP-HCA, made under penalty of perjury pursuant to 28 U.S.C. § 1746. The declarant states membership in the ARC of Iowa and that the declarant's children attend school in the Linn-Mar School District, which offers a 100% remote learning option through a vendor called Edmentum. The declaration states that the remote option lacks live teacher instruction and the supports one child needs, and that the family decided to send that child back to in-person school. It describes mask practices in the district before and after the state ban and states that the declarant seeks to have HF847 blocked so the school can require universal masking. The declaration is three pages.

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Cite this document

“Declaration of Rebekah Stewart — Case 4:21-cv-00264-RP-HCA (Document 3-8).” Original at archive.org, dated 2021-09-03. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-09-03-covid-era-misc-0b7b4a32-1/, SHA-256 0b7b4a322620d017f1b417826eda80dd14222a2a849530ac3fed7027b9e295c0.

Full text

         Case 4:21-cv-00264-RP-HCA Document 3-8 Filed 09/03/21 Page 1 of 3




                           DECLARATION OF REBEKAH STEWART

         COMES NOW, Rebekah Stewart and pursuant to 28 U.S.C. $ 1746, declares under

penalty of perjury that the following is true and correct:

    1. My name is Rebekah Stewart, and I am over 18 years old. I have personal knowledge of
         the facts as stated herein.

   2.    I am a member of the ARC of Iowa.
    I
    J.   E.M.S. is 10 years old and entering 4'n grade and has Williams Syndrome, which is a

         genetic condition that results in slow growth, heart problems, gastrointestinal issues, and

         learning disabilities. If she needs anesthesia due to a medical issue, she would be at

         increased danger ofgoing into cardiac arrest.

    4.   Because my child has heart problems, she meets the CDC guidelines for children who are

         at risk for severe complications if infected with COVID-i9.

    5.   I also have two other children who are not disabled and do not have health conditions that

         make the child at risk of serious illness from COVID-19-E.M.S., who is 7 years old and

         in l" grade, and L.J.S., who is 2 and a half years old.

    6.   Because my children are under the age of 12, my children are not eligible to receive any

         of the currently authorized Covid-19 vaccines.

    7.   My children attend school at the Linn Mar School District. We live in Linn Counfy,

         Iowa.

    8. The Linn-Mar School District for the upcoming school year is offering a 100o/o remote
         learning option for K-12 students through a third-parfy vendor, called Edmentum. For K-

         5 students, Edmentum uses pre-recorded videos as opposed to live teacher instruction and

         requires a student to be able to self-pace and relies heavily on parental guidance. The
       Case 4:21-cv-00264-RP-HCA Document 3-8 Filed 09/03/21 Page 2 of 3



       remote learning option does not provide the necessary supports, services, and

       accommodations for my disabled child, including direct instruction and socialization with

       peers.

9. E.M.S. used the 100% online learning option last year; that program had live instruction.
       She was unable to keep focused, struggled with lack of socialization with peers, and had

       an increase in behavior problems. My child remained at baseline and did not make gains

       in her learning. In-person instruction provides the best mode of instruction for my child's

       needs.

10. Last year the Linn Mar School District had a mask mandate until the mask mandate ban

       went into effect. Once the ban went into effect, most teachers wore masks, but most

       students did not wear masks.

1 1.   For this school year, we have made the difficult decision to send E.M.S. back to in-

       person school. Online learning this year poses a hardship for the family. My husband

       and I work hybrid where we are required to work in-person at times and sometimes

       remotely. The district's remote option this year does not include live teacher instruction

       and requires my daughter to be able to self-pace, which will be a challenge for her, and

       would require us to assist her more with her learning, which will be a challenge for us

       due to our work situations because we cannot work from home full-time.

12. I believe that if everyone was wearing a mask and the school was following the guidance

       and recommendations from the CDC, my children would be safe in school.

13. As a result of Iowa's law, my child is having to take unnecessary risks to her health in

       order to get an education.
      Case 4:21-cv-00264-RP-HCA Document 3-8 Filed 09/03/21 Page 3 of 3



   14. I am seeking to have HF847 blocked so that my school will be able to require universal

       masking as necessary to meet its obligations to my child.

       I swear under penalty of perjury under the laws of the United States that the foregoing is

true and correct to the best of my knowledge.
                    /l
       Dates this        day of September 2021, at Cedar Rapids, Iowa.
                    f

File and source

File
gov.uscourts.iasd.77124.3.8.pdf
Size
1,698,177 bytes
SHA-256
0b7b4a322620d017f1b417826eda80dd14222a2a849530ac3fed7027b9e295c0
Our copy
gov.uscourts.iasd.77124.3.8.pdf
Original
archive.org
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