Florida School Mask Controversy Heads to Court This Week as Hearing on Lawsuit Against Mask Ban Starts

The debate over mask mandates in Florida schools heads to court this week, with a hearing on a lawsuit set to start on Monday.

In the lawsuit, parents claimed that the governor's order keeps Florida from having "safe and secure public schools," Click Orlando reported.

Orange County attorney, Judi Hayes, is the lead plaintiff in the said federal lawsuit against Florida Gov. Ron DeSantis' mask ban. The state of Florida claims the current rule prioritizes parents.

Hayes said she's happy to see the state lawsuit was moving forward. Hayes was with a group of parents and children with disabilities when they filed the federal lawsuit earlier this month.

The group claimed that DeSantis' mask ban and the education commissioner's order, which prevents school districts from offering hybrid learning models, violate the Americans with Disabilities Act.

A judge ruled last week that the state lawsuit filed against DeSantis' school mask ban could move forward, with a three-day hearing in the case starts Monday. Reports said a ruling could come down later this week.

A similar lawsuit was filed by attorney Barry Silver on behalf of a father of three children living in Broward County. The suit cited the growing number of COVID cases and the danger to "plaintiff and his children and all others they come into contact with is severe, unreasonable, and growing by the day."

Florida's Ultimatum

Two Florida school districts had gone against state rules and imposed mask mandates for students. They were given 48 hours to reverse course or lose state funding, ABC News reported. Alachua and Broward's counties were the first of five districts in Florida to impose mask requirements earlier this month.

The State Board of Education said if they do not back down from their mandates in two days, the districts will have to provide Commissioner of Education Richard Corcoran the current salaries of each school board member.

The Florida Department of Education said it would start gradually withholding state funding until each Florida school complies with the order. Leaders in both school districts said they would not bring down their mask mandates and take legal action against the state.

Dr. Rosalind Osgood, chair of the Broward County School Board, noted that it is not legal what the governor is doing, but they think DeSantis has overstepped his purview.

Mask Mandates in Florida Schools

The administration of President Joe Biden expressed support for school leaders imposing mask mandates. Joe Biden has already directed the secretary of education to take additional steps to protect the children, including using legal action against the governors if appropriate, NPR reported.

Education Secretary Miguel Cardona said the department would be looking into the bans on mask mandates if they infringe the rights of every student to have equal access to public education.

Cardona had sent letters to state leaders in Florida, as well as Texas. The letter noted that the school districts could use federal COVID funds if their states sanction them for imposing mask mandates.

Cardona also pointed out that the American Rescue Plan funds could provide money for staffing regardless of whether the state moves to withhold some of their salaries.

The education secretary also wrote a letter to Florida's governor and education commissioner, saying that the department stands with the educators.

Meanwhile, many Florida students are already back at home quarantining after starting the in-person school year. After more than 5,000 students were put in isolation or quarantine because of COVID-19, Hillsborough County had an emergency school board meeting to tackle mitigation measures.

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Written by: Mary Webber

WATCH: Judge Says Lawsuit Against Gov. Ron DeSantis' School Mask Ban Can Move Forward - From WKMG News 6 ClickOrlando