Biden administration opens civil rights investigations against GOP states that banned mask mandates



The Biden administration is cracking down on five states that have prohibited school districts from implementing indoor mask mandates.

The Department of Education announced Monday that it would open civil rights investigations in Iowa, Oklahoma, South Carolina, Tennessee, and Utah to learn whether statewide prohibitions on indoor mask mandates discriminate against students with disabilities who are vulnerable to serious illness from COVID-19 by preventing them from "safely accessing in-person education."

"The Department has heard from parents from across the country – particularly parents of students with disabilities and with underlying medical conditions – about how state bans on universal indoor masking are putting their children at risk and preventing them from accessing in-person learning equally," said U.S. Secretary of Education Miguel Cardona in a statement.

"It's simply unacceptable that state leaders are putting politics over the health and education of the students they took an oath to serve. The Department will fight to protect every student's right to access in-person learning safely and the rights of local educators to put in place policies that allow all students to return to the classroom full-time in-person safely this fall," he added.

Republican governors in the five states mentioned, as well as those in Florida, Texas, Arkansas, and Arizona, have issued executive orders prohibiting local authorities, including school boards, from instituting universal mask requirements for K-12 students. School districts in these states have pushed back against the policy, issuing legal challenges that have prevented some of these orders from taking effect.

In Florida, for example, a circuit judge in Leon County on Friday blocked Gov. Ron DeSantis' order requiring schools to allow parents to opt out of mask requirements for their children. Nearly 60 school districts in Texas have challenged Gov. Greg Abbott's ban on mask mandates in court. Similar challenges were made in Arkansas and Arizona and the prohibitions on mask mandates in those states have since been blocked either by courts or other state actions.

The Department of Education sent letters to the five states where it is opening civil rights investigations. The letters state in part that the department's Office for Civil Rights is concerned that bans on mask mandates in school districts "may be preventing schools … from meeting their legal obligations not to discriminate based on disability and from providing an equal educational opportunity to students with disabilities who are at heightened risk of severe illness from COVID-19."

The education department is not investigating states where bans on universal mask requirements were blocked.

"The investigations will explore each state's compliance with Section 504 of the Rehabilitation Act of 1973 (Section 504), which is a federal law that protects students with disabilities from discrimination based on their disability," the department said Monday.

"The investigations will also explore whether statewide prohibitions on universal indoor masking violate Title II of the Americans with Disabilities Act of 1990, which prohibits disability discrimination by public entities, including public education systems and institutions," the department added.

The U.S. Centers for Disease Control and Prevention recommends that all K-12 students and faculty returning for in-person education this fall wear face masks while indoors. As schools reopen nationwide fierce debate has erupted between the districts, which want to follow CDC guidelines, and parents who believe forcing their children to wear masks is harmful.

Proponents of mask-wearing insist that scientific evidence suggests masks are effective at reducing the spread of COVID-19 with virtually no harm to mask wearers, but a study accepted for publication in the International Research Journal of Public Health suggests mask mandates have little to no effect on COVID-19 case growth, raising questions about the benefits of mask mandates for school children.

Florida's two biggest school districts defy DeSantis on masks



The two largest school districts in Florida voted during emergency meetings Wednesday to defy Gov. Ron DeSantis' ban on forced masking of children, requiring K-12 students to wear masks at school regardless of parental consent.

The school boards of Hillsborough and Miami-Dade Counties called emergency meetings to revisit the mask issue after Florida reported record-high daily average case counts for COVID-19.

The Hillsborough County school board voted to implement a 30-day mask mandate for students, faculty, and staff in response to a spike in COVID cases. The school district said in a statement that 5,599 students and 316 staff members have either tested positive for the virus or been in contact with someone who has, resulting in isolation for those who are sick and quarantine for those who are healthy but may have been exposed. According to data from the district, there have been 2,134 positive COVID-19 cases reported.

The Miami-Dade school board also voted for a temporary mask mandate, which will apply to all students, faculty, and visitors, allowing students to opt out only for a medical reason.

Combined, the two school districts serve more than 600,000 students.

They join school boards in Broward, Leon, and Alachua Counties in open defiance of DeSantis and the Florida Department of Education.

At the end of last month, DeSantis signed an executive order requiring that schools give parents the ability to opt out of forcing their children to wear masks. The governor said at the time that his administration was focused on protecting the rights of parents and that recommendations from the Centers for Disease Control and Prevention calling for K-12 children to wear masks indoors did not properly consider their physical and mental well-being.

"The forced masking of schoolchildren infringes upon parents' rights to make health and educational decisions for their own children. No politician is above the law, even school board members," DeSantis press secretary Christina Pushaw said in a statement reacting to the school boards' decisions.

"It is disappointing that the school board chose to change their mask policy — which had previously protected the freedom for parents to opt their kids out, in compliance with Florida law," she added.

The school boards could face consequences from the Florida Department of Education.

On Tuesday the state school board ruled that the school districts in Alachua County and Broward County had violated the law by forcing all children to be masked. Possible punishments for the offending school officials include being removed by the state Board of Education or being reported to the state legislature, which could then take action against the offending school boards, Politico reported.

Previously, DeSantis threatened to withhold the salaries of superintendents and school board members that violate the executive order banning forced mask-wearing. But President Joe Biden's administration offered to go around the Florida Board of Education and provide federal COVID-19 relief funds to school districts directly to supplement their budgets in case of retaliatory cuts.

In a statement to Politico, Pushaw criticized the White House for offering to spend COVID-19 relief funds "on the salaries of superintendents and elected politicians, who don't believe that parents have a right to choose what's best for their children, than on Florida's students, which is what these funds should be used for."

DeSantis punches back after Biden admin tries to undermine his school mask order protecting 'the rights of parents'



The Biden administration is attempting to undermine Florida Gov. Ron DeSantis (R) over his policy barring school districts from enacting mask mandates.

What is the background?

DeSantis issued an executive order last month aimed at protecting "the rights of parents" to decide whether their children should wear face masks at school.

The order mandated the Florida Department of Health and Florida Department of Education to ensure that COVID-related safety protocols in schools neither "violate Floridians' constitutional freedoms" nor "violate parents' right under Florida law to make health care decisions for their minor children."

Despite claims from the White House, DeSantis did not prohibit students from wearing face masks; he merely left the decision in the hands of individual families, not elected officials.

As TheBlaze reported, DeSantis later threatened to withhold salaries from superintendents and school board members who circumvent his order. DeSantis, however, has softened his threats.

So far, two Florida school districts have bucked DeSantis' order. "Two of Florida's 67 school districts — Broward County Public Schools and Alachua County Public Schools — have defied the governor's mask orders by requiring a doctor's note before parents can opt their children out of the districts' mask mandates," the Miami Herald reported.

What is the Biden administration doing now?

Education Secretary Miguel Cardona sent DeSantis and Florida Education Commissioner Richard Corcoran a letter threatening to undermine Florida's government by working directly with school districts that want to buck DeSantis' executive order.

"[W]e are eager to partner with FL DOE on any efforts to further our shared goals of protecting the health and safety of students and educators. If FL DOE does not wish to pursue such an approach, the Department will continue to work directly with the school districts and educators that serve Florida's students," the letter stated.

Cardona said that school districts can use the more than $7 billion in federal funds that were allocated to Florida education, via the American Rescue Plan Act of 2021, to cover financial gaps if DeSantis makes good on his threats.

The education secretary claimed that DeSantis' order "puts students and staff at risk." However, Cardona did not cite any evidence to substantiate his claim, other than the fact that DeSantis' order does not align with guidance from the Centers for Disease Control and Prevention.

How did DeSantis respond?

The governor's communications director, Taryn Fenske, said, "This is completely unsubstantiated, and we are disappointed that the federal government is sacrificing science for their political agenda."

Fenske added that Cordona wants to "prioritize the salaries of politicians over students, parents and teachers," and said, "School board members and superintendents who break the law should be held accountable for their own decisions."

School board member says kids should not be allowed to 'commit murder by coming to school without a mask'



A local school board member in Oklahoma complained this week that children in her school district should not be allowed to "commit murder" by coming to school without wearing a mask.

What did she say?

"It's just not OK for kids to commit murder by coming to school without a mask," Norman Public Schools board member Linda Sexton charged during a board meeting on Monday. An audible groan was heard from some attendees as she made the statement.

"And when it comes down to it, it's possible," she added. "They will cause a death of another child because they come to school without a mask. That's not OK."

The relevant remarks can be heard in the video below starting at the 1:35:00 mark.

NPS Board of Education Meeting 8-9-21 youtu.be

What's the background?

Sexton's comments came in response to Oklahoma Republican Gov. Kevin Stitt's refusal to allow mask mandates in schools, Fox News reported. The news outlet noted that in May, Stitt signed a law that prohibits imposing mask requirements in school districts where a state of emergency has not been declared.

It's the latest in an unfolding drama regarding masks in schools as the spread of the coronavirus Delta variant has caused public health experts to once again rethink their guidance.

The U.S. Centers for Disease Control and Prevention last month issued new guidance advising K-12 students, teachers, staff, and visitors to wear masks in school buildings — even if they're vaccinated.

Now school districts around the country are grappling with the new guidance and deciding whether or not to implement mandates for the upcoming school year.

Stitt has previously defended his position by noting that his ban on mask mandates seeks to protect his constituents' personal freedoms and does not prevent anyone from wearing a mask to school in order to protect themselves. But that argument didn't sit well with Sexton.

"I would like to try to find a way to stand up as a district and get our surrounding superintendents to stand up with us, and protect our little kids," Sexton said. "It's insane to send 5- and 6- and 7- and 8- — all the way up through 11-year-olds — that don't have a choice about the vaccine, to sit in a classroom where people can spread a deadly disease and not even know they're sick."

The U.S. Food and Drug Administration has not yet granted emergency use authorization of the coronavirus vaccines for children under the age of 12.

Anything else?

In an email response to Fox News, Sexton apologized for her remarks.

"My emotions got the best of me in that moment and I went too far in regards to people's decisions not to wear a mask," she said. "I apologize for my choice of words and I regret deeply that I placed blame on students and families for their personal choices. I want to say directly to those families that I am very sorry. I am striving to better understand the choices and decisions of those who oppose masking and I am committed to ensuring our schools are a welcoming environment for all."

Arkansas governor says he regrets banning mask mandates, wants legislature to change the law



Arkansas Gov. Asa Hutchinson (R) said Thursday he regrets signing a bill into law that bans state and local government authorities from implementing mask mandates as COVID-19 cases are increasing in his state.

The Republican governor told reporters that he had signed the bill because it was popular in the legislature and because COVID-19 cases were at a "very low point" at the time.

"I knew that it would be overridden by the legislature if I didn't sign it," he said, according to Newsweek. "I had already eliminated our statewide mask mandate."

Arkansas reported 2,343 new COVID-19 cases on Tuesday, according to state data. There are 19,499 active cases in the state and 1,250 people are currently hospitalized, with 260 people on ventilators.

Sixteen more deaths were reported Tuesday, bringing the total number of deaths linked to COVID to 6,215.

With cases rising, Hutchinson wishes the mask mandate ban "had not become law." He said the only ways to change the law now would be by an act of the state legislature or a court ruling declaring the mask mandate ban unconstitutional. The governor's preference is for the legislature to act.

"If it's up to the courts, and the courts strike down that law as unconstitutional, that could mean we could have counties and cities all doing their thing," he said. "That would be confusing. It would be bad for business. It would be bad for the public understanding and our concentration on vaccinations."

The governor has called for a special session of the legislature to repeal the ban on school mask mandates. Hutchinson wants schools to be able to decide their own mask policies, which would require an amendment to a bill he signed into law prohibiting them from implementing mask mandates.

Hutchinson said at a news conference Tuesday that there will be no statewide mask mandate, nor a statewide vaccine mandate.

He did encourage students who are eligible to receive a COVID-19 vaccine shot to do so.

"They need to get vaccinated," Hutchinson said. "Parents can make the choice, the students could make the choice to get vaccinated."

Republican lawmakers appear opposed to changing the law before the school year begins. Lawmakers need two-thirds support in both the state House and the state Senate to approve a change in the law, and the Republican majority leader in the Senate told reporters his chamber won't even have a simple majority willing to change the law.

"In my opinion, we are a significant ways away from even having the 18 votes," Senate President Pro Tempore Jimmy Hickey (R) said. "At this time, there is not a consensus to do that."