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<\/a><\/p>\nThe Florida State Board of Education (BOE) convenes a virtual meeting Thursday at 1 p.m. to focus on a very specific agenda set forth by state Education Commissioner Richard Corcoran.<\/p>\n
All 11 \u201caction items\u201d set to go before the seven-member BOE call for \u201cConsideration of Probable Cause for Noncompliance with Department of Health (DOH) Emergency Rule 64DER21-15, Protocols for Controlling COVID-19 in School Settings\u201d against 10 school boards.<\/p>\n
The offending boards: Alachua, Broward, Duval, Hillsborough, Indian River, Leon, Miami-Dade, Orange, Palm Beach and Sarasota. Two of the 11 \u201caction items\u201d are lodged against the Broward County School District.<\/p>\n
All have adopted mandatory mask policies without any opt-out options which Corcoran contends violates House Bill 241, the \u2018Parents\u2019 Bill of Rights Act,\u2019 adopted by lawmakers during their 2021 session, and Rule 64DER21-12, which authorizes the DOH to issue rules governing \u201cthe control of preventable communicable diseases\u201d in schools.<\/p>\n
In August, the BOE granted Corcoran\u2019s request to withhold funds equal to board members\u2019 salaries from Alachua and Broward county school districts for violating HB 241 and the DOH order.<\/p>\n
In September, the U.S. Department of Education (DOE) announced it would award Project SAFE grants to school districts being financially penalized by the state for adopting mandatory mask mandates. Alachua received $147,700 and Broward more than $420,000 in federal compensation for the state\u2019s actions.<\/p>\n
In \u201cprobable cause\u201d letters to BOE members, Corcoran said the state needs to up the ante against the 10 offending school districts, by not only docking board members\u2019 salaries, but by targeting \u201cstate funds in an amount equal to any federal grant funds\u201d awarded to districts for not complying with state law and the DOH order.<\/p>\n
\u201cShould the State Board adopt my recommendation, I request that it consider the sanction of withholding state funds in an amount equal to 1\/12 of all school board members\u2019 salaries, as well as withholding state funds in an amount equal to any federal grant funds awarded,\u201d he wrote.<\/p>\n
Leon County Circuit Court Judge John Cooper issued a 37-page written order on Sept. 2 that determined Gov. Ron DeSantis overstepped his authority in issuing a June 30 executive order allowing parents to ignore school-imposed mask orders.<\/p>\n
Cooper determined DeSantis\u2019 order violates HB 241 by referencing its first part, that school boards cannot \u201cinfringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health\u201d of a child, without including its second part, which states boards can take action without parental consent when \u201csuch action is reasonable and necessary to achieve a compelling state interest.\u201d<\/p>\n
Because the original suit did not address Rule 64DER21-12, and later attempts to include it in the complaint were denied, Cooper\u2019s injunction did not extend to the DOH\u2019s rule.<\/p>\n
Nevertheless, Cooper warned the state not to take any actions against school boards based on the rule.<\/p>\n
\u201cIf the defendants strictly enforce the executive order, the Department of Health rule, or any other policy prohibiting mask mandates without a parental opt-out, then they are acting without authority and are refusing to comply with all provisions of the law,\u201d he wrote.<\/p>\n
Corcoran, however, ignored Cooper\u2019s earlier request for restraint when he asked the BOE to penalize the Alachua and Broward boards and never mentioned the judge\u2019s later admonition in his letters to board members.<\/p>\n
\u201cEvery school board member and every school superintendent has a duty to comply with the law, whether they agree with it or not,\u201d Corcoran wrote. \u201cWhile the district school board may not agree with the safety protocols set forth by the surgeon general in rule, the surgeon general is the person who, under the law, sets protocols to control and mitigate COVID-19 in schools.\u201d<\/p>\n
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