Declaration of Heather Lynn Preston — The Arc of Iowa v. Reynolds (Dkt. 3.11)

Summary

A Declaration of Heather Lynn Preston, Document 3-11 filed September 3, 2021 in Case 4:21-cv-00264-RP-HCA, made under 28 U.S.C. § 1746 under penalty of perjury. She states that she is a resident of Des Moines, Iowa and the mother of two eleven-year-old children in the sixth grade in the Des Moines Public Schools, who are too young for the currently authorized COVID-19 vaccines. She states that both children have disabilities and health conditions addressed in 504 plans, and that a doctor told her it is extremely dangerous for one of them to return to school without mandatory masking and regular testing. She states that the district's remote option through Edgenuity is largely pre-recorded and self-taught and does not provide the supports her children need.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

Case 4:21-cv-00264-RP-HCA Document 3-11 Filed 09/03/21 Page 1 of 4

DECLARATION OF HEATHER LYNN PRESTON

COMES NOW, Heather Lynn Preston and pursuant to 28 U.S.C. § 1746, declares under
penalty of perjury that the following is true and correct:
|. My name is Heather Lynn Preston, and I am a resident of Des Moines, Iowa. I am over 18

years old and have personal knowledge of the facts as stated herein.

| am the mother of M.P. and S.P. who are eleven years old and are both in the sixth grade

at Meredith Middle Schoo} in the Des Moines Public Schools.

3. Because my children are both under the age of twelve, they are not eligible to receive any
of the currently authorized COVID-19 vaccines.

4, MLP. is diagnosed with Heterotaxy. Heterotaxy is an extremely rare condition where many
organs in the body can be formed abnormally, in the wrong position, or are even missing.

5. M.P. has several medical complications because of his Heterotaxy, including significant

heart defects (right atrial isomerism - bilateral right-sidedness), unbalanced complete

atrioventricular septal defect (AVSD) with left ventricular dominance and right ventricular

hypoplasia, D-transposition of the great arteries, pulmonary valve stenosis and twin AV

node tachycardia), a lung defect (two right lungs) and an absent spleen.

| 6. The CDC has identified chronic heart and lung conditions such as the ones M.P. has as risk
factors for severe illness from COVID-19.

7. MP. has a 504 Plan to monitor his health conditions while at schoo]. (See Attached Exhibit
A).

8. S.P. has been diagnosed with hypertension due to small kidneys, seizures, and a range of

other disabilities, including ADHD.

Scanned with CamScanner
Case 4:21-cv-00264-RP-HCA Document 3-11 Filed 09/03/21 Page 2 of 4

9. The CDC has identified chronic kidney disease as risk factor for severe illness from
COVID-19.

10. S.P. has a 504 plan to address these medical concems at school. (See Attached Exhibit B).

11. M.P.’s doctor has informed me that it is extremely dangerous for him to return to school
without such precautions as following the recommended CDC guidelines of mandatory
masking and regular testing in schools. According to his doctor, in order to decrease his
risk, everyone around him should observe strict COVID-19 safety protocols and wear a
mask indoors. (See Attached Exhibit C).

12, Last year both my children were enrolled in the remote learning option. I witnessed serious
negative consequences. They both struggled greatly with mental health as well as
academics with the online program. They did not receive the services they require virtually.

13. M.P has regressed in several areas, even with significant parental involvement in both
curriculum development and dedicated learning time. M.P faced issues with learning online
because of his ADHD since he did not have everyday access to his peers in a classroom
setting. With M.P.’s medical needs, remote education is not feasible as he requires
individualized attention, and his needs would not be met through online programing where

an instructor is not present.

14, §.P. faced mental health issues that were exacerbated by the online learning where he was

isolated from his peers.
15. Des Moines Public Schools is offering a remote learning option through a third-party
provider, Edgenuity. This online program is largely pre-recorded and self-taught, and does

not provide the necessary supports, services, and accommodations for my disabled

Scanned with CamScanner
Case 4:21-cv-00264-RP-HCA Document 3-11 Filed 09/03/21 Page 3 of 4

children, Furthermore, in order to assist them with this online program, cither my husband
or I would have to quit our jobs to teach them.

16. We have no option but to send them back to school this fall.

17. [have emailed teachers for both my children with requests to keep them safe, distanced.

18. I sought accommodations for M.P., which are in M.P.’s 504 plan, such as asking the teacher
to mask and allowing M.P. to leave class five minutes early to avoid the crowded hallways.
However, M.P. retumed to in school leaming last week and has told me his teachers are
not following these accommodations.

19.1 am extremely nervous about M.P. returning to school for in person instruction and the
thought that he might contract COVID-19. Recently, due to this stress, I have had difficulty
sleeping and have experienced debilitating spells of anxiety. I don’t know if] am doing the
right thing, but I feel as though I have no choice in the matter.

20. M.P. is extremely scared to return to school; he is very afraid of getting sick and potentially
dying.

21. S.P. has had heightened spells of anxiety and fear with his own return to school, but also
fear of what might happen to his brother if he is exposed.

22. We also have a medically fragile family. I have Type II diabetes, which puts me at risk for
severe illness if I were to get COVID-19 from my children.

23. 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.

24. 1 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 children.

Scanned with CamScanner
Case 4:21-cv-00264-RP-HCA Document 3-11 Filed 09/03/21 Page 4 of 4

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

true and correct to the best of my knowledge.

Dated this | y day of September 2021, at Des Moines, lowa.

er Lynn Préton, Plaintiff

Scanned with CamScanner


File and source

File

gov.uscourts.iasd.77124.3.11.pdf

Size

879,089 bytes

SHA-256

cf0788b0f61e22690778d73d38af8536a85021b15e0854e56703b9b8cac70ff7

Our copy

gov.uscourts.iasd.77124.3.11.pdf

Original

No public link identified.