EXCLUSIVE: Teachers Pulled Mask Over 4th Grader’s Nose, Called Him Rude and Disrespectful Over Mask Refusal

As we reported exclusively laIt is possible to week, 9-year-old Kamdin Hernandez was left outside alone by school administrators then labeled a “clear and present danger” by his principal because he cannot wear a mask at school due to his ADHD and anxiety issues, and has now been excluded from in-person school – at the same time the school is considering him truant – and has been subjected to additional abusive and retaliatory actions since January 7, 2022.

Kamdin had been left outside alone by his teacher during the first week of school for not wearing a mask, showing that his struggle with wearing the mask at school didn’t just appear after Christmas break as Assistant Superintendent Hani Youssef alleged in a letter to Tim Hernandez, Kamdin’s father. The conflict between Hernandez and Youssef didn’t start then, either. In this piece and in the next article in the series we’ll go through those events in detail, but the bottom line is that this is a child whose needs weren’t being met by the school, and when his father attempted to advocate for him he was harassed and threatened by administrators at both the school and district level.

Some readers wondered why such detail was warranted in one single child’s situation. That’s a good question, and the answer is that versions of what Kamdin Hernandez and his family have endured and continue to endure are happening across the country to probably thousands of children, as is becoming more and more clear in the news.

Because this will be a long piece, here’s the TL;DR (too long; didn’t read) version of the events leading up to January, 2022, and the events covered in part 1.

• 1^stGrade year 2019-2020: Kamdin was verbally assaulted by the father of his classmate after school on the sidewalk near Garden Grove Elementary. Because the incident took place on the sidewalk, the school did not have the authority to take any action against the parent.
• 2^ndGraduation year (2021-2021). Students returned to campus approximately 2.5 hours per day between the start of November and the end of June. Kamdin would often cry when he wore a mask because he had trouble with it.
• In April and May, Tim Hernandez rode bikes with Kamdin to and from school because one of the family’s vehicles broke down. Even though he was socially distanced and outside while waiting to walk up to the gate to pick Kamdin up, the school wouldn’t accept his medical exemption for mask-wearing, and resorted to threats and intimidation to force him to wait on the public sidewalk to pick Kamdin up.
• 3^Rd grade year (2021-2022) there were problems from the first week of school, with teachers calling Kamdin “rude and disrespectful,” physically pulling the mask up over his nose without permission, ignoring his complaint that he cannot think or do his work with the mask on due to his ADHD, leaving him alone outside during the school day to do his work, sending him home for “refusal” to wear the mask, culminating in the district charging Hernandez with trespassing for being on the school campus “without permission” though they had asked him to come pick Kamdin up.
• A district investigation into the above concluded that there was nothing “belittling,” no retaliatory conduct against Kamdin or his dad occurred, and other puzzling findings.

For the finer details, click here

In an interview with RedState, Tim Hernandez said that while Kamdin had been diagnosed with ADHD in early 2018 and has been on medication periodically, the family hadn’t sought a Section 504 Plan or an Individualized Education Plan (IEP) before the pandemic hit because his classroom teachers were great about working with him and basically taking the same measures they would if he had those plans in place, even working with the family when Kamdin’s medication dosage was adjusted.

Parents of children with special needs understand that the process can be difficult and time-consuming. The family had already been through this process with their son with epileptic seizures and Dravet Syndrome.

During the months Kamdin and the rest of the kids in the district were doing “distance learning,” from March through November, 2020, he really struggled due to his ADHD and was happy to go back to campus – even if it was only for two and a half hours a day. The mask proved to be a challenge. Although he wanted to go, he couldn’t help but cry at times. Having an IEP or Section 504 plan wouldn’t have given him an advantage during the time classes were entirely virtual (since the district determined it could effectively deliver services virtually), but would have given him more rights regarding mask accommodations once he was back on campus. Regardless, even though he didn’t have a plan in place, the school was aware that Kamdin had ADHD and took medication at least a year prior to the time the pandemic started and it was noted in his school enrollment papers, according to Hernandez.

In April 2021 one of the family’s vehicles broke down and they couldn’t afford to get it fixed, so Hernandez started taking Kamdin to school by bike (Dad riding a bike, Kamdin on a scooter), and picking him up the same way. Hernandez said he did not wear a mask for school pickup because he had a medical exemption from PTSD.

On May 5, though, frustrated that nothing was being done about his son’s struggles in the classroom and that Kamdin had even been yelled at for not wearing a mask while playing outside in 90-degree weather, Hernandez wore a t-shirt during pick-up that said:

For the voiceless, speak up. Our children must be unmasked. Kids Lives Matter.

Hernandez says that after Hernandez’s statement, parents and school officials began to get upset. Another saga ensued, involving another complaint to the school board. This led to a dispute with the California Department of Education. (which has recently ruled in favor of the district). Part 3 will cover this story. The point for purposes of this story is that there was already a conflict between the administrators/principal and the Hernandez family before the 2021-22 school year.

The events described at the start of this article occurred when the 2021-22 school years began on August 11. Hernandez filed a complaint against SVUSD on august 17. The investigative report prepared by an outside attorney retained by the district is stunning in its blatant efforts to excuse away the school district’s actions and lack of documentation for assertions. Hernandez appealed to the California Department of Education about the results. The appeal was unsuccessful.

With all of that background – and because in light of what’s now happening in other California school districts where mass protests against mask mandates occurred last week, we know SVUSD was setting a precedent – let’s go through what happened during Kamdin’s first week of school and the “independent” investigator’s comments.

August 11, 2021

On the first day of school – after being able to go mask-free all summer – Hernandez said one of Kamdin’s teachers chastised him about the mask, saying, “I thought you were a good boy,”  which Hernandez says was belittling and inappropriate. Hernandez also reported that Ms. Perryman then asked Kamdin, “Do you want me to send you home?” when he wouldn’t pull the mask over his nose, which Hernandez considered a threat.

In the district’s investigative report, though, the investigator found that that’s not what the teacher said at all. He found instead that the teacher had said:

I don’t get it. When I saw you in the mornings when I was taking everyone’s temperatures, you were so polite and friendly to me, and right now you’re being rude and disrespectful.

Now, bear in mind that we’re talking about a nine-year-old child. Calling the student rude and disrespectful for not doing something that is harmful due to his learning disability isn’t any better than saying, “I thought you were a good boy.”

But the investigator is not so sure. He believes the comments weren’t belittling – and here’s how he arrived at that conclusion:

He wrote in the report:

In reaching his conclusion, the Investigator considered the Merriam-Webster definition of the word “belittle,” which is a transitive verb meaning “to speak slightingly of,” “to disparage,” or “to cause (a person or thing) to seem little or less.” It was important to the Investigator to examine not only the precise words and the context surrounding what [the teacher]Submitted [Kamdin]However, it is important to consider her intentions and the context from which she spoke.

Nowhere in the report did the investigator take into account the intent behind Kamdin’s – you know, the child in this situation – words and where he was coming from.

Well, if she wasn’t belittling him, what was she doing? In the investigator’s words, what the teacher said wasn’t even negative in any way – she was just sharing her truth.

He said:

The Investigator instead found [the teacher’s]Words that reflect frustration, confusion, or disappointment. [the teacher] was feeling due to Kamdin’s attitude and demeanor towards her.

She’s an adult and a teacher. Disappointment, confusion, and frustration should be familiar emotions she’s dealt with. Again, there’s no mention of the Investigator finding any of Kamdin’s words to be reflective of his disappointment, confusion, and frustration.

It is the final touch.

Once you have determined this, [the teacher]Did not minimize [Kamdin]…due to his improper mask usage, the Investigator also concludes that [the teacher]It did not result in [Kamdin]Emotional and psychological stress.

Hernandez immediately reported that incident to the principal, who did her own investigation but wouldn’t disclose the results to Hernandez, claiming it was a personnel issue. However, the district’s investigator concluded that the principal failed to comply with district policy, which requires that she inform the parent of the district’s complaint policy in such a situation. Hernandez has the right to see the final results under that policy.

August 12, 2021

On the second day of school, Kamdin’s substitute teacher approached him and physically moved his mask up over his nose when he refused to do so. In no school district is it allowed or appropriate for teachers to contact students in order to obtain their consent. Although the teacher acknowledged that she had moved Kamdin’s mask over his nose, she claimed she only touched his skin with the straps. Although Kamdin said she did touch his skin and the teacher’s explanation strains credulity, the Investigator found that there was no evidence to show that she touched Kamdin.

Still, thankfully, the Investigator found that teacher’s actions were inappropriate.

August 13, 2021

When Kamdin’s mask wasn’t being worn up over his nose, a member of the school administration who had a good relationship went to his class to talk to him and attempt to gain compliance. According to a recorded phone call between Hernandez and the staffer, when asked why he wasn’t wearing his mask, Kamdin told the staffer that “He’s got ADHD, he’s got – he’s stressed out with the mask on. He can’t think, and he can’t do his work.”

Hernandez was then called by the principal to talk about the matter. Hernandez then called Hernandez to ask her her explanation for why Kamdin had problems with her mask. Her answer was illuminating.

“My understanding…that he is feeling stressed about wearing it in class, that he’s ADHD, and that he just doesn’t want to wear it in class.

Hernandez interrupted with, “That he can’t think, if you get all of it.”

The principal simply replies with, “Okay.” She didn’t ask any questions or offer any possible solutions about what could be done to help this child who was obviously struggling with school and the mask, and whose struggles were leading to behavior issues. Even though Hernandez continued to press her about what they could do to help Kamdin, it’s clear that in her mind it was simply an issue of Kamdin not wanting to wear the mask.

Hear the conversation here

Hernandez called Kamdin and went to school. He was obviously upset when he got inside the school. Hernandez videotaped the interaction.

Yet, here’s what Perryman claims Hernandez said and did – things that are not seen in the video.

Hernandez denies ever punching his fist in Perryman’s face or screaming/spitting at her in earlier encounters. The district also claims that these 911 calls were made to police on May 7, 2021. Public Records Act inquiries for the listing of 911 calls received from Garden Grove Elementary School at that time around dismissal did not yield any results. Hernandez stated that he called Simi Valley Police Department and asked if any had. It’s unclear what the Investigator is basing his findings of fact on.

Kamdin also had to be left alone that day and work unsupervised outside.

I was greeted by Mrs. Perryman as we arrived in his classroom. This is due to the fact that he had been left out to work by himself and separated from the rest of the students. But, the desk was outside by itself and the entire class was just then all exiting because they knew sending him out alone unsupervised and segregated was wrong so, they then the teacher told all the kids had to go outside and learn because Kamdin won’t wear his mask, pinning [sic]As my son K.H. stated, the children are against me. stated.

Hernandez’s full rebuttal to the investigator’s report can be read here.

And while Kamdin was proud of himself for standing up for his rights that day, he was upset that classmates and his teachers didn’t support him.

And while the school demanded that Hernandez pick his son up, the principal then accused Kamdin of leaving school without proper authority because Hernandez didn’t physically sign a document while he was in the office – the office they told him he couldn’t be in without a mask, regardless of his medical exemption. But when Hernandez then complained that the school didn’t follow its own procedure by having him complete the sign-out form, the Investigator found that in light of all of the circumstances, the school could be excused for not ensuring the form was completed. If that’s confusing, you understood it correctly.

August 16, 2021

When Kamdin came back to school that Monday morning, the Hernandez’s were met by Perryman, Youssef, and the school resource officer. According to documents reviewed by RedState, they claim they there for the purpose of communicating to Hernandez what Kamdin’s alternatives were if he wouldn’t wear a mask (because in their mind he wouldn’t wear one as opposed to couldn’t). Hernandez’s recollection was different. His words were:

This tactic was used to intimidate parents and demonstrate power against me. To make it easier, you could call Covid and ask for a discussion. Many parents were asking and questioning what the purpose of this is and how it works. The school resource officer was used as a muscle and it was clear that this was an attempt to intimidate.

I was given three options as described by Hani Youssef in the investigators report, “my son complies and wears the mask, he gets an exemption, or he will be put in independent study.” I replied with, “I’d have to opt him out and sign him into independent study you can’t force me and he said, yes we can.” This isn’t the first time Youssef has lied about law and rules as my previous complaints have explained and proved. He then tried to hand me the packet to sign him into “independent study” (IS) and I respectfully declined and walked away.

Around 20 minutes later Officer Ellis from the school resource department arrived at my residence to tell me he wanted to issue me a misdemeanor Trespassing ticket because I had entered the school the Friday prior. up.

Even though there was no directive prohibiting Hernandez from being on campus on August 13 – the “disruptive conduct” letter Youssef issued in May 2021 was not in effect for the 2021-22 school year per a July 6, 2021 email from Assistant Superintendent Sean Goldman to Hernandez – the Investigator somehow found that Hernandez wasn’t allowed to be on campus, and that he was aware of that “fact.”

As shown in the video Hernandez provided from August 13, neither the Office Manager or Mrs. Perryman told Hernandez that he wasn’t allowed to be on campus. They told him that he couldn’t be in the office without a mask, and he walked outside with Perryman despite her telling him to wait *inside* for her to retrieve Kamdin.

Kamdin had problems with the mask even though he was trying to wear it at school. Instead of attempting to help Kamdin, administrators and teachers ostracized him, doing things like refusing to allow him into the library to check out a book unless he’d pull the mask up over his nose – because, despite all evidence pointing in another direction, they still considered that the issue was one of stubborn refusal and not disability. Shameful.