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Today’s entry: Brian, I’m hoping you can shed light on the school mask mandate issue. I’d originally opted my child out of the mask mandate at the start of the year and am considering sending my child to school without one on Monday. I’m outraged that the school district is eliminating parental choice when, as you’ve pointed out, there’s science behind not wearing them in the classroom. My question is what happens if my child doesn’t wear a mask to school with the new mandate? I'm not looking to create a problem but I also don’t think a school board has a right to impair my child’s health because of their mask agenda.
Bottom Line: Today is the first day of school in Miami-Dade and the first day with a mask mandate without parental opt-out in Palm Beach County. With Broward having started the school year last week with a mandate in place, all three South Florida school districts are now in the same place regarding mask policy. There are two exemptions to the mask mandates. Students who have a disability defined under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act. Those exemptions are only being recognized with a doctor’s note outlining a child’s need under the ADA or Section 504. Beyond those exemptions, the districts took a hardline.
Palm Beach County specifically made clear that a child having a note from a doctor would not suffice for an exemption under their new policy outside of the ADA or Section 504. The language in Broward and Dade’s edicts states “under federal law” which may leave a little more room for interpretation. So, what could happen if your child doesn’t wear a mask?
Notably, out of Broward’s 275,785 students, there was only one instance of a student defying the mask policy cited by Interim Superintendent Vickie Cartwright last week which appears to have been resolved without indecent. That takes us to how this policy, at least in theory, would be enforced. The mask mandates fall under “dress code” policies. If you go to the Student Code of Conduct section regarding dress codes, that should provide you with a view of the possible violations. In the case of mask policy, based on existing guidance, a student not wearing a mask will likely be offered one to wear. Palm Beach County specifically states up to five masks per student will be provided. If a student refuses, it would likely follow a traditional dress code violation. That type of infraction could result in a student being removed from class and asked to leave campus along with disciplinary action up to and including detention or suspension.
The Florida Board of Education and Education Commissioner Richard Corcoran were quite clear regarding the illegality of school mask mandates. They also made clear that punishments for students who didn’t comply were unlawful. This is specifically addressed in both Governor DeSantis’s executive order and the rule adopted by the Florida Board of Education.
It’s my expectation that school districts would attempt to tread lightly with punishments over mask violations until there’s legal clarity, but who knows? It takes an awful lot of audacity to pass rules that break the law in the first place.
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