Judge: School reopening order unconstitutional
A victory for those who feel return to classrooms unsafe
Florida’s school reopening order is unconstitutional, a judge ruled Monday, serving up a victory for teachers and parents who feel a return to school is risky during the COVID-19 pandemic.
The state’s order in July mandated the relaunching of in-person classes across the state this month after they closed in March. South Florida’s school districts were exempt because local authorities deemed reopening unsafe as coronavirus cases continued to rise over the past few
months.
The legal battle in Florida was thought to be the first of its kind in the country, pitting teachers who believe reopening schools is perilous against government officials and some parents who say children need to resume their educations five days a week in brick-and-mortar classrooms. The state immediately appealed Monday’s ruling, which puts a hold on the judge’s order and sets the stage for what’ll likely be many more months of legal tussling.
In his ruling, Judge Charles Dodson in Tallahassee said the state’s mandate is unconstitutional “to the extent it arbitrarily disregards safety, denies local school boards decision making with respect to opening brick and mortar schools, and conditions funding on an approved reopening plan with a start date in August.”
Dodson noted that Corcoran allowed MiamiDade, Broward and Palm Beach counties to begin the school year remotely, due to high positivity rates for COVID-19 this summer, but rejected similar plans proposed by Hillsborough and Monroe counties.
Florida’s teachers and Orange County schools had sued the state last month, saying the order risked the health of Florida’s families and school employees.
The state remains confident it will ultimately prevail, according to Education
Commissioner Richard Corcoran.
“We’ve said it all along, and we will say it one million times — we are 100% confident we will win this lawsuit,” Corcoran said. “This fight has been, and will continue to be, about giving every parent, every teacher and every student a choice, regardless of what educational option they choose.
“If you are one of the 1.6 million students who have chosen to return to the classroom, a parent, or a classroom teacher that wanted to educate their student in person, we strongly encourage you to call the Florida Education Association and tell them to drop this frivolous lawsuit.”
South Florida’s school districts were exempt from the July 6 order because authorities agreed the coronavirus pandemic was too widespread for the safe reopening of school buildings. Broward schools started online classes on Aug. 19, while Miami-Dade and Palm Beach counties are set to start virtual lessons on Aug. 31.
Local officials have been feeling pressure to reopen as coronavirus numbers have continued to decline over the past couple of weeks. The districts had been threatened with the withdrawal of state funding if they didn’t open quickly.
The Orange County school district, which opened campuses Friday, said it could have lost $22.5 million a month if it did not comply with the state order.
Hearings in the case were held last week, when about half the state’s 67 school districts had opened for in-person lessons.
Plaintiffs in the lawsuit included teachers from Broward and Miami-Dade counties who have survived COVID-19 or are concerned about their health if they have to return to their school buildings.