Lawsuit over reopening Florida schools heads to mediation

Attorneys for the state and the statewide teachers union will head to mediation next week over the reopening of Florida’s brick-and-mortar schools during the coronavirus pandemic.

Leon County Circuit

Judge Charles Dodson denied the state’s motion to dismiss the Florida Education Association’s lawsuit against Executive Order 6, which calls for in-person instruction five days a week. He required the two sides to go to mediation by Tuesday.

“This is a case that cries out for the parties to get together at this mediation and come up with an agreement,’ Dodson said, calling it a “complicated” case.

“Between the governor and the education commissioner and the plaintiffs, I’m confident that if y’all work really hard you can do that and

I’m very hopeful that you can. It’s a case that really needs that very badly.”

A hearing has been scheduled for 8:30 a.m. Wednesday.

In July, the FEA and local educators filed a lawsuit in Miami over Education Commissioner Richard Corcoran’s executive order, calling it “reckless” and “unsafe.” The state argues that districts should provide a choice for parents who want their children to return to school.

A Miami-Dade plaintiff, Mindy Grimes-Festge, is the secretary/treasurer of the United Teachers of Dade. The lawsuit also named Miami-Dade Mayor Carlos Gimenez as a defendant.

The Miami judge ruled that the case would be more appropriately heard in Tallahassee.

Miami-Dade County Public Schools has little stake in the lawsuit, as the school district will have virtual-only instruction until at least Oct. 5. The school district will decide whether to reopen schools by Sept. 30.

The same goes for Broward County Public Schools, which will also have only virtual learning when school starts Wednesday.

According to the MiamiDade school district’s chief academic officer, Marie Izquierdo, Superintendent Alberto Carvalho had to make “several reassurances” to the state regarding its reopening plan.

The district learned Friday that the Florida Department of Education’s Office of Early Learning granted approval for Miami-Dade’s Voluntary Pre-K programs to start the school year virtually. A spokeswoman said the district’s VPK students will attend My School Online starting on August 31st.

MDCPS is still considering opening schools specifically for students with special needs, according to a school district spokeswoman.