Education Department Opens Civil Rights Probes in 5 States That Ban School Mask Mandates

Save to favorites
Print

Copy URL

The U.S. Department of Education launched investigations Monday into five states that prohibit schools from setting universal mask mandates, setting the stage for potential enforcement actions as the Biden administration spars with Republican governors over COVID-19 precautions.

The investigations by the agency鈥檚 office for civil rights will determine whether those policies鈥攊n Iowa, Oklahoma, South Carolina, Tennessee, and Utah鈥攖hreaten education access for students with disabilities and health vulnerabilities who do not feel safe attending school in person without virus mitigation strategies recommended by the Centers for Disease Control and Prevention.

鈥淣ational data also show that children with some underlying medical conditions, including those with certain disabilities, are at higher risk than other children for experiencing severe illness from COVID-19,鈥� Acting Assistant Secretary for Civil Rights Suzanne Goldberg wrote to leaders in those five states. 鈥淎t the same time, extensive evidence supports the universal use of masks over the nose and mouth to reduce the risk of COVID-19 transmission.鈥�

The targeted investigations will determine whether the states鈥� policies are a violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, under which schools are required to provide a free and adequate public education to students with disabilities.

Such investigations carry the implied threat of the suspension of federal funding, but they are often resolved through voluntary resolution agreements between the Education Department and the party being investigated before the process is complete.

The Education Department did not launch similar investigations in other states that have prohibited schools from setting universal mask requirements鈥� Arizona, Arkansas, Florida, and Texas鈥攂ecause those states have suspended enforcement of their policies voluntarily or as the result of court action, but it said it would continue to monitor those areas.

Most recently, a judge in Florida ruled the state overstepped its authority by prohibiting local mask requirements there. Despite that court ruling, Florida Education Commissioner Richard Corcoran announced Monday evening that his agency had withheld the monthly school board member salaries in Alachua and Broward County, the first two districts to face state penalties for requiring masks.

鈥淲e鈥檙e going to fight to protect parent鈥檚 rights to make health care decisions for their children,鈥� Corcoran said in a statement. 鈥淭hey know what is best for their children.鈥�

This information is no longer being updated. The last data update was on May 23, 2022.

MASK MANDATE BAN IN EFFECT

69传媒

1. Florida

On Sept. 22, Florida's surgeon general over masking in schools. On Nov. 5, a judge in a legal challenge to rule. On Nov. 18, Gov. DeSantis signed a bill that that require masks.

2. Georgia

On March 29, Gov. Kemp signed the which allows parents to exempt their child from a school mask requirement. The law went into effect immediately.

3. Iowa

On Sept. 13, 2021, a federal judge ordered Iowa to halt enforcement of its law banning mask mandates in schools. On Jan. 25, 2022, a federal appeals panel narrowed that injunction. Iowa鈥檚 attorney generalwhile awaiting further action from the court. On May 16, 2022 a U.S. Court of Appeals .

4. Oklahoma

On Sept. 1, an Oklahoma judge , but students or their parents can still opt out of school mask mandates if they choose.

5. Utah

In Utah, local health departments with approval from the state or county government, according to the state鈥檚 top education official.

6. Virginia

On Jan. 15, Gov. Youngkin It effectively rescinded the state's school mask requirement that had been in place since August. That executive order On Feb. 14, the Virginia legislature That bill was on Feb. 16 and went into effect on March 1.

MASK MANDATE BAN BLOCKED, SUSPENDED, OR NOT BEING ENFORCED

69传媒

1. Arizona

On Sept. 27, a that were set to take effect on Sept. 29. On Nov. 2, . On April 25, Gov. Ducey signed , which prevents schools from requiring a student to wear a mask without first getting parental consent. The ban, which replaces the one blocked by the courts, will go into effect 90 days after the legislature adjourns.

2. Arkansas

An , that a law signed by the governor in April that prohibited local officials, including school boards, from setting mask mandates was unconstitutional. School districts have been able to set their own mask requirements since August when the judge put the law on hold.

3. South Carolina

On Sept. 28, South Carolina from enforcing the rule that banned school districts from requiring masks for students.

4. Tennessee

On Dec. 10, 2021, a federal judge An appeals court on May 10, 2022.

5. Texas

On March 17, an appeals court upheld an injunction that , finding it is unlawful and exceeding the governor's authority. This is not the first time the state's ban has been .

MASK REQUIREMENT IN EFFECT

69传媒

1. Hawaii

Although Hawaii's state-wide indoor mask mandate indoor masking will still be required in public schools

PREVIOUSLY HAD MASK REQUIREMENT

69传媒

1. California

On Feb. 28, the governors of California, Oregon, and Washington that mask requirements would end in their states effective March 12.

2. Connecticut

On Feb. 7, Gov. Lamont announced that the school mask rule would expire Feb. 28. Heon Feb. 15 that made the expiration date official.

3. Delaware

On Feb. 7, Gov. Carney amended his emergency order to allow his state-level school mask requirement to expire March 31. that masks would no longer be required effective at 6:00 p.m. on Tuesday, March 1.

4. District of Columbia

On March 8, the department of health that recommend universal masking only when community COVID-19 levels are high.

5. Illinois

On Feb. 5, a judge issued a聽聽on the governor's statewide mask requirement. On Feb. 25, the state supreme court vacated that order. On the same day, the governor the requirement on Feb. 28.

6. Kentucky

Kentucky's school mask mandate , when the state legislature voted to limit the governor鈥檚 emergency powers.

7. Louisiana

According to a which was students were required to wear masks in schools, but districts could opt out of the mandate if they adopted an isolation and quarantine policy consistent with the state's department of health protocols. On Feb. 16, Gov. Bel Edwards without requiring masking in schools.

8. Maryland

On Jan. 5, but allowed school districts to opt out if certain vaccination rates were met. On Feb. 22, the state board of education . On Feb. 25, a state legislative committee effective March 1.

9. Massachusetts

On Sept. 27, the state began allowing from the face covering rules for vaccinated individuals if certain vaccination rates were met. On Feb. 9, officials announced

10. Nevada

On Feb. 10, the immediate suspension of the school mask requirement. The previous mask requirement had only

11. New Jersey

On Feb. 7, Gov. Murphy to end his state鈥檚 school-mask requirement on March 7.

12. New Mexico

On Feb. 17, the end of the mask requirement, effective immediately.

13. New York

On Jan. 24, A day later, an appeals judge On Feb. 27, Gov. Hochul on March 2.

14. Oregon

On Feb. 7, health officials said the state would drop its school mask requirement no later than March 31. On Feb. 24, the Oregon Health Authority . However, on Feb. 28, the governors of California, Oregon, and Washington that mask requirements would end in their states effective March 12.

15. Pennsylvania

A statewide mask mandate for Pennsylvania schoolchildren on December 10.

16. Rhode Island

On Feb. 9, Gov McKee announced the school mask mandate would On Feb. 15, he signed an specifying that the order would take effect at 5 p.m. on March 4.

17. Virginia

On Jan. 15, Gov. Youngkin It effectively rescinded the state's school mask requirement that had been in place since August. That executive order On Feb. 14, the Virginia legislature That bill was on Feb. 16 and went into effect on March 1.

18. Washington

On Feb. 17, the state's school mask requirement will end effective March 21. However, on Feb. 28, the governors of California, Oregon, and Washington that mask requirements would end in their states effective March 12.
NOTES
In January 2022, the Missouri attorney general, Eric Schmitt, some school districts that required masks, citing a by a county judge that said local health orders tied to COVID-19 were illegal. (The ruling was interpreted differently by different districts.) The state鈥檚 treasurer on schools with mask mandates. In mid-March, Schmitt against school districts that no longer required masks. On May 19, 2022 Schmitt against several districts that had reinstated mask requirements.
On Feb. 23, 2022, New Hampshire鈥檚 governor announced the state was no longer recommending universal indoor masking and therefore schools have to end mask mandates, arguing they violate state education department rules. Soon after, the department advised districts that the mandates 鈥渁re inconsistent with鈥� their rules. There鈥檚 , but in response. A was vetoed by Gov. Sununu in May 2022.
Updated 5/23/2022 | Sources: Local media reports, Education Week reporting | Learn more here

States that ban school mask requirements say the decision of whether to wear a face covering should be left to individual students and their families.

鈥淭o suggest that bureaucrats in Washington should tell parents that they must force their children to wear a mask in school against their wishes is a drastic error,鈥� South Carolina Gov. Henry McMaster, a Republican, said last week. 鈥淚 think it鈥檚 wrong.鈥�

But CDC guidance suggests it is necessary to use masks broadly to limit transmission within school buildings.

Several state school chiefs in the states targeted by the investigations said they agreed that their local school districts should have the flexibility to set mask requirements if they deem them necessary.

South Carolina Superintendent of Public Instruction Molly Spearman 鈥渉as repeatedly implored the legislature to鈥� allow local school boards to make decisions affecting the health and well-being of the students they serve,鈥� said a statement from the state鈥檚 education department. The agency 鈥渋s particularly sensitive to the law鈥檚 effect on South Carolina鈥檚 most vulnerable students and ... acutely aware of the difficult decisions many families are facing concerning a return to in-person instruction.鈥�

South Carolina鈥檚 law is one of several that face legal challenges from families of students with disabilities.

Oklahoma state Superintendent Joy Hofmeister said her state would 鈥渇ully cooperate鈥� with federal officials and that she is 鈥渘ot surprised鈥� by the investigation. The state鈥檚 law 鈥渋s preventing schools from fulfilling their legal duty to protect and provide all students the opportunity to learn more safely in-person,鈥� she said in a statement.

Utah state Superintendent Sydnee Dickson said she believed the federal Education Department had 鈥渦nfairly defined Utah as a state where mask mandates cannot occur.鈥� State law there does not allow school districts to independently require masks. Rather, county health departments can set such requirements, subject to repeal from country governments,

U.S. Secretary of Education Miguel Cardona has pledged to support school leaders who defy their states on mask requirements, assuring them they can backfill with federal relief aid to make up for any financial penalties they may face as a result.

He telegraphed potential civil rights investigations after President Joe Biden directed the Education Department in an Aug. 18 memo to 鈥渦se all available tools to ensure that governors and other officials are providing a safe return to in-person learning for the nation鈥檚 children.鈥�

鈥淚t鈥檚 simply unacceptable that state leaders are putting politics over the health and education of the students they took an oath to serve,鈥� Cardona said in a statement Monday. 鈥淭he Department will fight to protect every student鈥檚 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.鈥�