Parents have final say if children wear masks in school

Parents have authority over whether their child must wear a mask to school or be quarantined, a judge ruled Friday.

Deputy Chief Judge Brian A. Newman decided a group of school districts failed to prove that the Florida Health Department’s emergency rule, which allows parents to opt their child out of quarantining or wearing a mask, illegally overstepped its legislative authority.

Though Newman’s order effectively closes the case, the six school districts that challenged the state Health Department over its masking rules have already appealed the decision.

The challenge brought by six school districts — Broward, Miami-Dade, Orange, Duval, Alachua and Leon counties — opposed a Sept. 22 rule by the state Health Department. The rule requires school districts to give parents the right to opt 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 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.

The decision comes as COVID cases continue to decline, and districts are considering relaxing their mask policies soon, regardless of the outcome. Broward has already done so, and Palm Beach County plans to relax mask policies over the next two weeks.

Still, a victory for the districts would have meant 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.

Since the judge sided with the Health Department, schools could have to quit enforcing mask rules. It’s 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.

Over Election Day this past week, the political consultant marketing firm MDW Communications polled 1,000 random Broward voters about their views on masks and quarantines in schools. They found the overwhelming majority of those polled support kids quarantining and wearing masks in schools.

The age breakdown of those polled shows most are either between 35-54 years old or over 65 years old. About 22% were between 55-64 and only about 10% were between 18 and 34.

The results of the poll were weighted based on demographic factors to make the final sample “look like” the general population of Broward, Dolberg wrote in the poll.

“After the move in multiple school districts to change COVID-19 policies, our firm commissioned a public opinion poll of Broward voters about related topics,” said Andrew Dolberg, director of strategic initiatives at the firm. “Our hypothesis was that the vocal minority demanding changes to masking and quarantining policies were not representative of the general population, and I can tell you from our initial results that’s completely true.”

The poll results showed out of the 1,000 voters, nearly 75% of them supported requiring facial coverings for students, teachers and staff at Broward high schools and middle schools. In elementary schools, the majority was just slightly lower at 74% supporting mask requirements.

Dolberg said the firm would present its findings to Broward School Board members. “While MDW Communications does not intend to endorse any particular policy, we encourage policymakers and community stakeholders to consider public opinion and scientific expertise when making decisions about school policy,” Dolberg said.