Florida gives two school districts 48 hours to comply with mask rule or lose funding

Florida’s Board of Education is ordering two school districts to comply with an order allowing parents to opt out of local mask mandates, with state officials giving the districts 48 hours to comply before they move to withhold funding.

The state is requesting a list of the annual salaries of all school board members in Alachua and Broward counties, and the State Board of Education will then begin withholding 1/12th of that amount each month from the district’s funds, as an initial step.

“School board members of districts have willingly and knowingly violated the rights of parents by denying them the option to make health care decisions for their children – a blatant violation of the Parents’ Bill of Rights,” the Florida Department of Education said in a news release.

Both Alachua and Broward have instituted mask requirements for all students and staff, regardless of vaccination status, in defiance of Gov. Ron DeSantis (R), whose “Bill of Rights” order has effectively prevented schools from requiring masks.

“It is important to remember that this issue is about ensuring local school board members, elected politicians, follow the law,” Commissioner of Education Richard Corcoran said in a statement. “These are the initial consequences to their intentional refusal to follow state law and state rule to purposefully and willingly violate the rights of parents. This is simply unacceptable behavior.”

The state requires public schools to allow for a parent or legal guardian of the student to opt-out of any mask requirements without any reason. Alachua and Broward require doctors’ notes.

The order comes four days after the Board unanimously voted to investigate the districts and “to take any and all action necessary” to ensure that they are in compliance with the order.

The threat from the Board of Education comes as more districts across the state defy the governor’s order. School boards in Miami-Dade and Hillsborough counties voted this week to begin requiring their students to wear masks.

Earlier this week, Alachua extended its two-week mask mandate another eight weeks. Broward does not have a specific end date. 

In a statement, Alachua County Public Schools Superintendent Carlee Simon said the district will be responding to the state’s order, “but we have no plans to change our current masking requirement.”

“Based on the dramatic spike in cases and quarantines in our schools and community, we believe universal masking is absolutely critical to keeping schools open, protecting the health of our students and staff and limiting the current strain on our local healthcare system. If necessary, we will pursue legal action to ensure that we maintain local control over our schools and are able to meet our obligation to provide a safe learning environment for all students,” Simon said.

President Biden is supporting school districts in Florida and Texas that impose mask mandates in defiance of their governors, and has directed the U.S. Department of Education to take action against governors that prevent school officials from imposing mask mandates.

The White House on Friday said Education Secretary Miguel Cardona has spoken with officials in Broward and Alachua counties, and assured them that any financial penalties imposed by the state can be addressed using federal funds.