On Friday, Florida school districts filed a petition for an administrative hearing after the state withheld funds due to its decision to institute mask warrants.
Broward, Alachua and Orange County School Boards filed a hearing request with a administrative law judge Friday.
The petition, obtained by The Hill, was filed to determine the “validity” of the state Department of Health’s emergency rule that the state argued would protect “the rights of parents and their children.” The rule allows parents or legal guardians with students from schools that instituted mask warrants to opt for the measure.
After court filing Florida Commissioner of Education Richard Corcoran announced Monday funding for the monthly salaries of school board members in Alachua and Broward County districts would be withheld.
School districts implemented mask mandates that prohibit parents and legal guardians from opting for their children out of protocol, as opposed to the state rule.
Funds will be withheld “Until each school board complies with state legislation and regulations.”
In the petition filed Friday, school districts cited recommendations from the Centers for Disease Control and Prevention that state that parents, teachers, staff and students should be masked in schools to reason on the implementation of mask mandates. Districts also alluded to positivity rates in Florida counties.
“The members of our School Board made a courageous decision to protect the health and lives of students, staff and people in this community, and a court has already ruled that they had a legal right to do so. They deserve it. praise, not sanctions, ”said Carlee Simon, superintendent of public schools in Alachua County.
Florida school boards have been fighting with the state for weeks for mask mandates after the state saw a rapid increase in COVID-19 cases due to the delta variant.
US Secretary of Education Miguel Cardona
School districts in Miguel Cardona, Florida, file petition to hear withheld funds GOP-led states sue Biden administration for transgender rights Florida withheld funds from two districts with mask warrants MORE he spoke with both schools after the state announcement Monday, saying federal funds could be used to deal with the sanctions schools face.
David C. Ashburn, of GreenburgTraurig, filed the lawsuit on behalf of the schools Friday.
Elaine Walker, director of media relations at the law firm, told The Hill that lawyers have no further comment on the filing.
The Hill has contacted the state Department of Health for comment.
Update: 21:39 h