A New York father is seeking court intervention to address the exclusion of his five-year-old daughter from her kindergarten class.
Plaintiff John Doe filed a complaint against the Oceanside Union Free School District and several officials, including Superintendent Phyllis S. Harrington. The case centers on the alleged unlawful denial of a medical exemption for Sarah Doe, a child diagnosed with Autism Spectrum Disorder (ASD), which he says has prevented her from receiving education and therapeutic services.
According to the complaint, Doe contends that Sarah was barred from attending school after the district declined to accept a medical exemption certified by her physician, Dr. Eric Goldstein. The exemption identified multiple vaccines that were considered medically contraindicated for Sarah due to her health conditions, including ASD and a genetic mutation affecting detoxification processes. Despite submitting documentation and addressing procedural questions, the exemption was rejected on grounds the complaint alleges were inconsistent with New York Public Health Law § 2164(8). The complaint asserts that the defendants improperly questioned Dr. Goldstein’s medical judgment.
The suit notes that a similar matter was addressed in Doe v. Oceanside Union Free School District earlier in 2025. Doe argues that despite this prior ruling, the defendants' continued actions that he claims violated Sarah’s rights. The complaint alleges violations of Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and seeks relief under 42 U.S.C. § 1983.
Doe requests a Temporary Restraining Order and Preliminary Injunction permitting Sarah to return to school and recognizing her medical exemption as valid. He also seeks compensatory and punitive damages and attorneys’ fees.
The plaintiff is represented by attorney Chad A. Davenport of Davenport Law PLLC. The case was filed in the United States District Court for the Eastern District of New York under 2:25-cv-06214 and is presided over by Judge Gary R. Brown.