A Florida judge has ruled that the governor cannot use an emergency executive order to force school districts to open before they have determined they can do so without risking the health and safety of students and staff.
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The decision is one step in an ongoing lawsuit to protect the community from the spread of COVID-19: the Florida Education Association sued Gov. Ron DeSantis and his administration July 20 for requiring schools to offer brick-and-mortar options or lose state funding. The suit argues that such a demand violates the state constitution, which provides for the health and safety of schools. While litigation will continue, the recent decision—the judge granted an injunction against the order to reopen—allows districts to make their own decisions on reopening while the case wends its way through the system.
“Our Florida Constitution requires the state to ensure our schools operate safely,” according to the order from Circuit Judge Charles Dodson. “Defendants, however, through the order and its application, have essentially ignored the requirement of school safety by requiring the statewide opening of brick-and-mortar schools to receive already allocated funding.”
“We appreciate that Judge Dodson acknowledged the crucial importance of protecting the health and well-being of kids and school employees,” says FEA President Fedrick Ingram. “We have seen little sign that is a top priority for the DeSantis administration. Education Commissioner Richard Corcoran appears more focused on threatening teachers and districts.
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