State will withhold funds in Alachua and Broward counties for illegal mask mandates

Palm Coast Observer
News

from: Florida Department of Education Press Office

Commissioner of Education Richard Corcoran announced Aug. 30 that the Florida Department of Education has withheld the monthly school board member salaries in Alachua and Broward counties, as directed by the State Board of Education. Each district has implemented a mandatory face mask policy that violates parental rights by not allowing a parent or legal guardian to opt-out their child, as required by Florida Department of Health Emergency Rule 64DER21-12. The withholding of funds will continue monthly until each school board complies with state law and rule.

Legal challenges

As a legal battle has played out in Tallahassee over Gov. Ron DeSantis’ efforts to prevent school mask mandates, attorneys for the state are trying to fend off a separate lawsuit alleging violations of federal laws designed to protect the rights of students with disabilities.

Parents of children with disabilities are asking a federal judge in South Florida for a preliminary injunction against an executive order that DeSantis issued July 30 to try to block school districts from requiring students to wear masks amid the COVID-19 pandemic.

Attorneys for the parents contend that the executive order violates the Americans with Disabilities Act and two other federal disabilities laws, in part because children with disabilities are more susceptible to serious illness or death from COVID-19.

— The News Service of Florida

“We’re going to fight to protect parent’s rights to make health care decisions for their children. They know what is best for their children. What’s unacceptable is the politicians who have raised their right hands and pledged, under oath, to uphold the Constitution but are not doing so. Simply said, elected officials cannot pick and choose what laws they want to follow,” Corcoran said.

On Aug. 20, the State Board of Education issued the Alachua and Broward County school districts with an order demanding that they comply with state statute and rule; however, both districts refuse to comply. Each county is also prohibited from reducing any expenditures other than those related to compensation for school board members, and clearly states each district may not permit the reduction of funds to impact student services or teacher pay.

The Commissioner of Education and State Board of Education retain the right and duty to impose additional sanctions and take additional enforcement action to bring each school district into compliance with state law and rule.