HUDSON, Ohio (WJW)– A group of parents are suing the Hudson City School District over its COVID-19 policies.

The suit, which also named the board of education and superintendent Phil Herman, was filed Monday in the Summit County Common Pleas Court. In October, the district implemented a “mask to stay, test to play” policy.

It accuses the school system of treating unvaccinated students differently. The parents are seeking a declaration that Hudson City Schools cannot enforce a mask policy and cannot require students to quarantine without a signed health order.

“The parents are concerned about the masking of the children, masks they believe are dangerous for the mental health of the children and frankly the physical health of the children as well,” said Warren Mendenhall, the parents’ attorney.

He said the parents believe children do not get seriously ill from COVID-19 and believes the school district is going overboard with their policies.

The district issued the following statement on Tuesday:

“The top priority of the Hudson City School District is to ensure a safe education for its students.  We have been made aware of the lawsuit, but have no further comment on the issue, since the matter is the subject of pending litigation.”

According to the lawsuit, on Jan. 6, a student with a mask exemption card for religious or medical reasons was sent home after sitting near a student who tested positive for COVID. The sick student and another exposed student were allowed to return to school after four days, while the child not wearing a mask had to quarantine for 10 days.