The U.S. Department of Education Thursday filed an administrative complaint against its Florida counterpart, asking the state education department to be found in violation of federal law over the state’s ban on COVID-related mask mandates.
The feds’ complaint, signed by General Counsel Lisa Brown, objects to the state holding up the federal funds used to replace state funds withheld from salaries of school board members who defied Gov. Ron DeSantis’ ban.
The government now seeks a cease and desist order against the state education department from an administrative law judge, the 8-page complaint says. The feds earlier in the week had warned the state the complaint was coming.
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Florida “has unlawfully — and explicitly — reduced the amount of state aid provided to Florida school districts based on their receipt of federal funds,” it says. “It has done so as part of a broader effort to deter those districts from implementing practices recommended by the Centers for Disease Control and Prevention (CDC).”
The CDC recommends “universal indoor masking by all students (age 2 and older), staff, teachers, and visitors to K-12 schools, regardless of vaccination status,” its website says.
DeSantis and Education Commissioner Richard Corcoran disagree, saying parents should be able to opt their children out of wearing masks in school. They’ve gone after school boards in eight counties with stricter policies, docking their pay.
The initial counties were Alachua, Brevard, Broward, Duval, Leon, Miami-Dade, Orange and Palm Beach.
The governor’s office referred questions Thursday evening to the state Education Department. In an email, spokesperson Jared Ochs countered that it’s “the U.S. DOE (that) is acting unlawfully” by interfering with Florida policy.
“We will continue fighting for Florida students’ access to a free and public education,” he added.
On the other hand, the government says Florida is breaking the Elementary and Secondary Education Act of 1965, and “this action seeks to remedy that violation,” according to the complaint.
“This action taken by the Department comes after we made repeated requests to work together and protect students, educators, and school communities,” it said in a statement.
Meantime, Leon County Schools came into compliance this week with the state’s emergency rule that banned mask mandates, after deciding asymptomatic students exposed to COVID-19 don’t have to wear a mask to return to school during the quarantine period.
Superintendent Rocky Hanna said lower COVID case “numbers are moving us into compliance.”
Also this week, the Broward County School Board opted to make masks optional for high schoolers but still will require elementary and middle school students to stay masked.
The complaint is embedded below. If you cannot see it, click on this link: https://www.documentcloud.org/documents/21094972-fl-cease-and-desist-102821-003
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