Governor’s order banning schools from issuing mask mandates raises legal questions, expert says

ORANGE COUNTY, Fla. — An education attorney is speaking out about the constitutional aspects regarding Gov. Ron DeSantis’ executive order banning school districts from issuing mask mandates.

“This raises enormous constitutional and other legal questions,” said Mark Richard, a labor and employment attorney.

He said the legal community is “abuzz” about DeSantis’ decision, saying that the government has “come through and issued a fee, from politicians in Tallahassee from afar, mandating that there will be no mandates.”

READ: Volusia County could soon require masks for students this year

The governor’s executive order threatens to cut funding for schools that disobey DeSantis.

Richard said that is unconstitutional “because, on one hand, the government has a mandate from the people of Florida who approved these constitutions to have an adequate system of education.”

The Florida Department of Health put out new rules stating students may wear face masks or facial coverings as a mitigation measure. However, the school must allow for a parent or legal guardian to opt the student out, which Richard said raises more questions.

READ: Central Florida schools see shortage in early childhood education teachers day before classes resume

Seminole and Orange counties switched their strategies and will require face masks for students.

DeSantis faces three legal challenges in the state.

READ: Here’s how quarantining will work in Orange County schools this school year

In a prepared statement from the governor’s office, Press Secretary Christina Pushaw said:

“With respect to enforcing any financial consequences for noncompliance of state law regarding these rules and ultimately the rights of parents to make decisions about their children’s education and health care decisions, it would be the goal of the State Board of Education to narrowly tailor any financial consequences to the offense committed. For example, the State Board of Education could move to withhold the salary of the district superintendent or school board members, as a narrowly tailored means to address the decision-makers who led to the violation of law.

“Education funding is intended to benefit students first and foremost, not systems. The Governor’s priorities are protecting parents’ rights and ensuring that every student has access to a high-quality education that meets their unique needs.”

READ: Back-to-school: What you need to know for your 1st day back

This does not apply to Orange and Seminole counties, which give parents the decision to opt out of their mask policy.

See the full story in the video above.

Orange county officials outline back to school COVID-19 protocols (WFTV)

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