Forcing COVID Tests in NYC Schools

Will NYC teachers and students who refuse be kicked out of school on December 7th?

By Michael Kane


Update — Get a legally reviewed letter of refusal or contingency HERE

NYC is opening pre-K, elementary, and D-75 schools on Monday, December 7th after a two week closure. The reopening comes on the heels of Attorney Jim Mermigis suing De Blasio for shutting down schools again. Every NYC official has been clear in stating that every staff member and parent must sign a consent form for in-school COVID testing or they will not be allowed back into their school buildings.

Dozens of teachers and parents have been reaching out to me asking what their options are. After multiple emails and conversations with some of the top constitutional and civil rights attorneys in America, we have some suggestions for those of you in NYC returning to in-person school on Monday.

Before sharing that legal advice, what we are seeing and hearing right now has extreme similarities to what we saw and heard in the first round of “mandatory” in-school testing. Multiple sources are telling us that it is not principals who are being heavy handed about the enforcement of forced testing but rather it is the UFT. It appears every principal is tasked to handle the situation as they see fit, each taking their own style and approach.

Some principals are sending language from the UFT and presenting it to their staff as if it came from the DOE when it has not! I say all of this to let everyone know it is possible that this round of “mandatory” testing may end up being a paper tiger as it was in October for both parents (students) and teachers. I get the feeling the DOE is uncertain of what they will face in court if they do actually follow through with their Draconian threats.

Having said that, we can hope for the best but must prepare for the worst.

The attorneys I have been talking to this week were discussing the possibility of filing an order to show cause in court seeking a temporary restraining order, but after much deliberation it has been decided that is not the best way forward. Instead there are two pieces of guidance being offered to us at this point in time:

(1) If you must, sign the consent form with a contingency that we will write for you.

(2) Do not sign the consent form, and if there is any disciplinary action that occurs immediately contact me and I will place you in touch with one of our attorneys immediately. (In addition we will have an updated letter of refusal for those who want to straight refuse).


We all have different reasons why we are refusing COVID testing. For me, the #1 reason is that I have not seen the Specimen Collection Agreement for Fulgent Genetics. When I see that contract, and my attorneys read it and assure me all of my rights are fully protected under it, I will consent to testing. If you feel the same way as I do, then the contingency is the way to go.

Our contingency is already written but is currently being reviewed by world-class constitutional scholar, and former NYU professor, Mary Holland, Esq. It will be published at our blog within 48 hours after Holland makes her edits.


If you are bad ass and just flat out refuse to sign the consent form – GOD BLESS YOU!

Like I said we don’t know what is going to happen if you do this. Maybe nothing. Maybe you will be removed from your building and placed on unpaid leave. If you decide to do this please contact us immediately with what happens – or does not happen – to you. Email us at immediately. If you suffer any form of harm whatsoever I will get you on the phone with a world class attorney that very same day (who will not charge you for the discussion). Also we will have an updated letter of refusal for those who want to refuse.

Coming COVID Vaccine – Coming Protest

Remember that we resist mandatory testing because we know it is a prelude to being lined up in the gym and force injected with the COVID vaccine.

Right now our petition against mandatory vaccination of educators has over 9,000 signatures and is rising at nearly 1,000 signatures per day. It has nearly doubled the total signatures in just 4 days after Michael Mulgrew held his town hall where he kept talking about a mandatory vaccine for teachers. There is also a protest that NY Teachers For Choice is organizing in about 2 weeks. Stay tuned to this blog for all of these updates and much more; things are happening very fast.

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