A group of parents of students with disabilities has filed a federal lawsuit seeking to overturn Iowa law banning schools from requiring masks, arguing it endangers their health and denies equal access to education
IOWA CITY, Iowa – A group of parents of students with disabilities filed a lawsuit Friday seeking to repeal Iowa law banning schools from needing masks, arguing it endangers their health and denies the equal access to education.
The lawsuit, backed by the American Civil Liberties Union and disability rights organizations, adds to the legal pressure the law faces as virus and hospitalization cases rise in Iowa to the highest levels since last winter.
The U.S. Department of Education this week began investigations into whether Iowa law and similar measures in four other Republican-led states illegally discriminate against students with disabilities or health conditions.
A mother of Council Bluffs twin boys has filed a state lawsuit to challenge the measure and a judge has scheduled a hearing next week on whether to grant an interim measure blocking her execution.
The lawsuit filed Friday in federal court in Des Moines involves children who are too young to be vaccinated and have disabilities that make them susceptible to potentially serious cases of COVID-19, including a rare organ disorder, cerebral palsy and asthma.
Their parents argue that the law effectively excludes them from face-to-face learning in violation of the Americans with Disabilities Act and the Rehabilitation Act.
“Prohibiting schools from taking reasonable steps to protect the health of their students forces parents to make an impossible decision: their child’s education or their child’s health,” said Susan Mizner, director of the Rights Program. of the ACLU Disability, which has filed a similar lawsuit in South Carolina.
The lawsuit names Gov. Kim Reynolds, Iowa Department of Education principal Ann Lebo, and several school districts, including Des Moines, Davenport, Ankeny, Waterloo and Iowa City, as defendants. Plaintiffs said they will seek a temporary restraining order to try to block law enforcement as soon as possible.
At a news conference Thursday, Reynolds defended the law and said the growing number of state cases was not a cause for panic. He said “the risk of serious illness among children is minimal” and found his low hospitalization rate encouraging.
When asked what she would tell parents who are concerned about unvaccinated children with chronic illnesses who feel insecure in classrooms, Reynolds noted that they can enroll in options only online. He said he heard more parents of children who have had “serious” reactions to masks and who believe they impede their learning.
“Parents understand and know the health of their children. They are the best person to decide that line of action for their children, ”he said.
Mizner said Friday at a news conference that some remote learning options now include pre-recorded classes in which students have no interaction with live teachers. He said it was a lesser service than classroom learning and that it was “particularly inappropriate” for disabled students who benefit from more practical interaction.
Under the law passed on the last day of the May legislative session, school boards and superintendents cannot require students and employees to wear masks. Wearing a mask should be optional and anecdotal reports suggest it is limited to many schools.
The law conflicts with the guidelines of the Centers for Disease Control and Prevention, which recommend the use of universal masks for students and teachers in the classroom. The CDC issued the guidelines in light of the rapid spread of the highly contagious delta variant of COVID-19.
Legal challenges arise as 500,000 students have begun classes in recent days in Iowa. Infection groups involving children and educators, and potential exposure among colleagues, are already disrupting some schools.
Iowa averages about 1,200 confirmed cases of COVID-19 a day over the past week and about a quarter of those are 17 years old or younger. About 5% of Iowa patients hospitalized with confirmed COVID-19 infections as of Wednesday were 17 years of age or younger.
Unlike last fall, schools are prohibited by law from offering a hybrid schedule or temporarily switching to online-only classes without having to recoup time later.
Citing this new reality, the Newton School District reported that 29 students and eight employees were absent from elementary school on Wednesday due to COVID-19 and other illnesses, but that face-to-face classes would remain unchanged.