Judge to rule by Nov. 5 on school mask mandate

A judge is expected to decide by Nov. 5 whether school districts or parents have the final say on whether a child wears a mask or is quarantined.

A two-day hearing concluded Friday on a challenge brought by six school districts — Broward, Miami-Dade, Orange, Duval, Alachua and Leon counties. They oppose a Sept. 22 rule by the state Health Department that requires school districts to give parents the right to out of mask mandates as well as to decide whether to quarantine a child who has been exposed to COVID-19 but is not showing any symptoms.

The six school districts, as well as Palm Beach and Brevard counties, have been fined by the state for refusing to comply with the rules.

Under the rules of the state Division of Administrative Hearings, Judge Brian Newman will issue his order after receiving written final arguments from the lawyers for the districts and Health Department. The lawyers plan to submit their recommendations by Oct. 29 with Newman issuing his order the following week.

The impending decision comes as COVID cases continue to decline, and districts are considering relaxing their mask policies soon, regardless of the outcome. Still a victory for the districts could mean the state would have to repay the hundreds of thousands of dollars in fines it has assessed to districts for violating the state rule, as well as provide direction for the future.

“The seriousness of the pandemic and the fact that COVID is a deadly airborne disease will continue to influence the decisions of good policymakers,” Broward School Board Chairwoman Rosalind Osgood said after the hearing. “School districts should not have had to fight with the state to keep people alive.”

If the judge sides with the Health Department, schools would likely have to quit enforcing mask rules. That would be a political win for Gov. Ron DeSantis, who has vehemently opposed governments and businesses imposing COVID-19 restrictions.

The DeSantis administration has argued it’s vital that parents have a choice on matters such as masks and quarantines.

“I think parents know what’s best for their children and want to make sure they are putting them in a fostering, safe and

nurturing environment where they’ll be able to excel,” Jacob Oliva, a chancellor under Education Commissioner Richard Corcoran, said during Friday’s hearing.

Asked what role schools play in student health decisions, Oliva said, “I think the school is going to welcome the child who comes to school ready to learn every day. That is what schools do.”

The hearing was light on testimony over the two days, featuring only Oliva, a Health Department administrator and three physicians. One of the physicians, Dr. Jay Bhattacharya, a professor of health policy at Stanford University, agreed Thursday with the state that mask mandates are unnecessary and potentially harmful for some children.

The other two physicians, including, Dr. Aileen Marty of

Florida International University, strongly supported mask mandates.

That’s a position shared by the Centers for Disease Control and Prevention and the American Academy of Pediatrics.

“The wearing of masks reduces the risk of transmission. If you reduce the risk of transmission, you reduce the risk of problems overall and you’re able to have more children in face-toface brick and mortar schools,” Marty, a medical school professor and infectious disease expert, testified Friday. “Masks worn in the classroom are perfectly safe for children. Without hesitation, I would say that.”