Declaration of Michelle Croft — The Arc of Iowa v. Reynolds (Dkt. 3.9)

Summary

A Declaration of Michelle Croft, Document 3-9 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 member of the ARC of Iowa and the mother of a nine-year-old fourth grader in the Iowa City School District, who has asthma and other disabilities, has a 504 plan, and is too young for the currently authorized COVID-19 vaccines. She states that the district's 100% remote option does not provide the necessary supports, that an earlier remote and homeschool mix was hard on the family, and that on August 30, 2021 the district's dashboard showed 52 students and 7 teachers testing positive. She states that she seeks to have HF847 blocked so her school can require universal masking.

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Case 4:21-cv-00264-RP-HCA Document 3-9 Filed 09/03/21 Page 1 of 3

DECLARATION OF MICHELLE CROFT

COMES NOW, Michelle Croft and pursuant to 28 U.S.C. § 1746, declares under penalty

of perjury that the following is true and correct:

My name is Michelle Croft, and | am over 18 years old. I have personal knowledge of

the facts as stated herein.

I am a member of the ARC of Iowa.

I am the mother of J.J.B., who is 9 years old and is in 4" grade. J.B. has been diagnosed
with asthma, Attention Deficit/Hyperactivity Disorder (“ADHD”), and other disabilities.
See Exhibit A (Letter from Doctor Meredith Fishbane-Gordon). The CDC considers

asthma a condition that can put my child at risk of severe illness should he contract

COVID-19.

Because J.J. B. is under the age of 12, he is not eligible to receive any of the currently

authorized Covid-19 vaccines.

J.J.B. attends school at the lowa City School District. We live in Johnson County, lowa.

My child has a 504 plan.

J.J.B.’s medical provider has weighed the pros and cons of in-person and online learning,
including socialization and exposure to COVID-19, while considering his health
conditions. See Exhibit A (Letter from Doctor Meredith Fishbane-Gordon).

The Iowa City School District for the upcoming school year is offering a 100% remote
learning option. The remote learning option does not provide the necessary supports,
services, and accommodations for J.J.B., including sufficient socialization with peers.
J.J.B. used the 100% remote option last year up until early October of 2020. J.J.B. could

not handle the number of Zoom classroom meetings that were required throughout the
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Case 4:21-cv-00264-RP-HCA Document 3-9 Filed 09/03/21 Page 2 of 3

day. Therefore, | had J.J.B. do a dual enrollment whereby he did math, art, PE, and
library through the district’s online program and did language arts, science, social studies,
and music through homeschooling. In-person instruction provides the best mode of
instruction for my children’s needs.

Last year, the lowa City School District had a mask mandate until the mask mandate ban
went into effect. Once the ban went into effect, mask usage at school dropped off—on a
whole about 50% of students who wore masks and most of the teachers wore masks.

As of August 30, 2021, the lowa City School District’s COVID-19 dashboard shows 52

students and 7 teachers in the district have tested positive for COVID-19.

. For this school year, we have made the difficult decision to send our child back to in-

person school. Online learning this year poses a hardship for the family. My husband
and | both work remotely full-time. Although last year we were able to make it work. it
was challenging to both assist with online learning and provide support and
homeschooling while at the same time working remotely full-time. We felt we were
unable to give our child the attention and support he needed during online learning and
homeschooling. We worry he would fall behind if he continued with online learning or
homeschooling. He would also not get the socialization he needs.

I believe that if everyone was wearing a mask and the school was following the guidance
and recommendations from the CDC, my child would be safe in school.

As a result of lowa’s law, my child is having to take unnecessary risks to his health in

order to get an education.
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.
Case 4:21-cv-00264-RP-HCA Document 3-9 Filed 09/03/21 Page 3 of 3

[ 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.

Dates this DR day of September 2021, at lowa City, lowa.

Michelle Croft, Plaint#ff


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