Parent Letter Regarding Package Inserts for NYC In-School COVID Testing

3-5-21

The issue of Informed Consent for any-and-all medical procedures has been recognized to be a fundamental human right ever since the Nazi atrocities during World War II. This means every individual has the right to know all reasonable details of a medical procedure being performed on them or their children prior to consenting to it.

With both vaccination and testing one basic way this can be done is by providing the manufacturer’s package insert.

Below is a letter from a parent of NYC public school children to their New York State Assemblyperson showing how it has been impossible to get a copy of the package insert for the PCR COVID test that the school is performing on their children. TEACHERS FOR CHOICE has been given permission to publish the letter with all of the names withheld. I commend this parent for taking this matter so seriously. EVERYONE – teachers and parents alike – should be DEMANDING to be given the package insert for whatever test is being performed on them and/or their children.

One technical point; the parent in the below email contacts Fulgent Genetics to get a copy of the package insert for the test being used on their child. I am still unaware of whether the Fulgent test is the only test being used, as their are two separate laboratories involved in NYC in-school COVID testing, the other being BioReference Laboratories. Insanely, the BioReference Laboratory contract with NYC Health + Hospitals is still secret and has not been released to the public. Is BioReferene Laboratories using the Fulgent test kit, or do they have their own test kit? If anyone has an answer to that, please send to me, or please ask any-and-all DOE officials such as principals, superintendents, or the new chancellor of NYC Schools.- mk

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March 4, 2021
Dear Assembly Member, 

I hope this letter finds you well. 

I am writing about the New York City Department of Education’s (DOE) negligent handling of my lawful right to informed consent on behalf of my children.    

As you are aware, consent to COVID-19 testing is required for in-person learning in NYC schools.  I am committed to ensuring my children (who are NYC public school students) return to school safely, and I fully support our community in making this happen.  In December 2020, I requested basic information to support my lawful, informed consent — a mere copy of the package insert for the test I am being asked to consent to on behalf of my children.  This is the most basic level of due diligence I expect of myself before consenting to any intervention on behalf of my children. 

I have received three emails from the principal at one school indicating that the school administrators have not been able to access this information despite having elevated this request twice with the NYC DOE’s COVID Testing unit.  I received another email from the parent coordinator at the other school indicating that she has requested (but not yet received) this information from the NYC DOE’s COVID Testing unit.   

I find it deeply concerning that a test and procedure that is presented to us as a mandatory condition (authorized only for emergency use) for in-school learning, that we are not allowed to be present for, that is being performed by someone other than our trusted pediatrician, is being mandated for our children without the provision of full information.   To reiterate, my only request is for basic information — the test package insert which provides test specifications —  required in order to provide lawful, informed consent.  

In frustration over the lack of responsiveness from DOE, I contacted Fulgent Laboratory directly. Several hours and two representatives later, I was informed that this is in fact the NYC DOE’s responsibility and that the lab was unable to provide me a copy of the insert with details about the test I am expected to consent to.   This does not inspire confidence.  The DOE’s lack of responsiveness is proof that it has failed to meet its legal, moral and ethical responsibilities.  This is a dangerous precedent.  

I appreciate your work on behalf of our families and welcome your suggestions and support in facilitating full informed consent.  I look forward to a follow up call or email.

Thank you. 
Sincerely, 

(Concerned & Informed Parent of NYC students)