FORT LAUDERDALE, Fla. — Parents in Florida have authority over whether their child must wear a mask to school or be quarantined, a judge ruled Friday.
Deputy Chief Judge Brian A. Newman decided a group of school districts failed to prove that the Florida Health Department’s emergency rule, which allows parents to opt their child out of quarantining or wearing a mask, illegally overstepped its legislative authority.
Though Newman’s order effectively closes the case, the six school districts that challenged the state Health Department over its masking rules have already appealed the decision.
The challenge brought by six school districts — Broward, Miami-Dade, Orange, Duval, Alachua and Leon counties — opposed a Sept. 22 rule by the state Health Department. The rule requires school districts to give parents the right to opt out of mask mandates as well as to decide whether to quarantine a child who has been exposed to COVID-19 but is not showing symptoms.
The six school districts, as well as Palm Beach and Brevard counties, have been fined by the state for refusing to comply with the rules.
The decision comes as COVID-19 cases continue to decline, and districts are considering relaxing their mask policies soon, regardless of the outcome. Broward has already done so, and Palm Beach County plans to relax mask policies over the next two weeks.
Still, a victory for the districts would have meant the state would have to repay the hundreds of thousands of dollars in fines it has assessed to districts for violating the state rule, as well as provide direction for the future.
Since the judge sided with the Health Department, schools could have to quit enforcing mask rules. It’s a political win for Gov. Ron DeSantis, who has vehemently opposed governments and businesses imposing COVID-19 restrictions.
The DeSantis administration has argued it’s vital that parents have a choice on matters such as masks and quarantines.
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