Families in the Wake County Public School System (WCPSS) have been forced to commit to virtual or in-person learning for the entire '21-'22 school year. Many families, including those with special needs and conditions that place them at unacceptable risk to COVID-19, have been forced to decide between a quality education and the health and safety of their children. At the time of the WCPSS enrollment deadline, the NY Times and Johns Hopkins Bloomberg School of Public Health listed Wake county at a "very high risk of exposure to Covid-19." All families, but particularly those with complex circumstances, may have enrolled in WCPSS' Virtual Academy due to the unpredictability of the pandemic and inability to assess future risk. WCPSS' policy discriminates against and punishes children with disabilities and/or medical conditions who have no choice but to consider their health in choosing virtual learning. They will be unable to receive the same quality of education and special services permitted to them. These families should be provided with the opportunity to exit WCPSS' Virtual Academy at their discretion, when their circumstances permit their children to return to school safely.