Is It Legal to Mandate Masks in School

Claire Raj, a special education law expert at the University of South Carolina School of Law, says that while parents have the right to decide how to raise their children, schools have long been able to enforce certain rules. “We have collectively said that if you send your child to a public school, that school can issue a dress code. This school can say it can`t curse on campus,” she says. Face mask requirements could fall into a similar category. Those who have made masks mandatory in school say it`s an important measure to keep children safe during face-to-face learning, as the Delta variant spreads and children under 12 still can`t be vaccinated against COVID-19. Meanwhile, at one point during the school year, 11 states had banned school districts from establishing universal mask mandates. Are they right? Is there a legal basis for parents to make this request? His school board voted Monday to make masks optional for students. Manghani and other district leaders said the benefits outweigh the risks. “Parental rights” are the basis of the argument he and his Republican colleagues used in their campaign to ban mandates. They argue that decisions regarding face coverings are consistent with the guidelines of the recently adopted Parents` Bill of Rights, which gives parents overall control over their children`s education and health care.

The law, which came into effect on July 1, essentially states that parents have more power than schools to make these decisions. Many of the same constitutional questions that were discussed more than 100 years ago are now being asked about mask mandates and other pandemic-related regulations. Joe talks about the students, teachers, and legislators who shape California`s public schools. Prior to joining CalMatters in 2021, he was an education reporter at KPBS, San Diego`s public radio station. More From Joe Hong On February 7, Governor Lamont announced that the mask requirement at school would expire on February 28. He signed a law on February 15 formalizing the expiration date. “I would say that the fabric of our schools is deteriorating by the minute. On September 22, Florida`s Surgeon General introduced a rule giving parents and guardians “exclusive discretion” about wearing masks in schools.

On November 5, a judge sided with the state health ministry in a legal challenge. On Nov. 18, Gov. DeSantis signed a bill allowing parents to sue school districts that require masks. A senior state health official provided little new information Monday. Public health experts say it may be time to take further steps to get schools back to normal life. Nevada Joint Union board member Jamie Reeves voted to maintain the mask requirement to comply with the county`s agreement with its teachers. She said this is an unfortunate precedent, but she acknowledges that trying to push COVID-19 mandates nationwide takes up too much time and energy for educators. As a new school year begins and COVID-19 hospital admissions rise across the country, the Centers for Disease Control and Prevention and the American Academy of Pediatrics are recommending students wear masks in school to slow the spread of the coronavirus. Anthony Pritchett, a senior at Nevada Union High, sat nervously at a school board meeting Tuesday night as angry crowds shouted at each other during a vote to violate state law and lift mask requirements for their students. Instead of clarifying the policy, these legal challenges have led to more confusion.

In Massachusetts, at least six lawsuits have been filed against a statewide mask warrant. A lawsuit filed in Hampden County Superior Court on Sept. 20 alleges the requirement “negatively affects plaintiffs` minor children,” arguing that children wearing masks cause “significant psychological harm.” Encourage mask wearing, but remove the requirement to wear a mask. Encourage vaccines, but remove the vaccination mandate. “In a perfect world, it would be great if we didn`t have to. But it`s a very reasonable trade-off if it means we can minimize the potential for transmission in classrooms and maximize the benefits of having children in an in-person classroom,” says Brandon Guthrie, an epidemiologist at the University of Washington who has written about pandemic safety measures in schools. On Jan. 5, the mask requirement was extended by 180 days, but allowed school districts to opt out when certain vaccination rates were reached. On February 22, the state Board of Education voted to revoke the term. On 25 February, a state legislative commission gave final approval to the suspension of the mandate with effect from 1 March.

On March 17, an appeals court upheld an injunction blocking Governor Abbott`s executive order banning mandatory mask wearing in schools because it was illegal and exceeded the governor`s authority. This is not the first time the state ban has been stopped by a judge. If a student refuses to wear a mask, teachers must remove it from the classroom or risk losing their credentials for violating state laws. At the same time, school districts are required to provide education for all students. President Joe Biden followed Cardona`s letters to governors with a phone call in support of one of the superintendents who had passed mask warrants in violation of his governor`s executive order. “Children have the right to reasonable accommodation in public schools, and is it really an unreasonable burden to require everyone to wear a mask?” asks Eckes. “That`s the question.” The mask lawsuits have argued that the general mask requirement deprives local school districts or individual families of decision-making power and violates their personal freedom. Some have also resisted the need for an emergency response at this stage of the pandemic.

“There`s a lot of tension on campus,” he said. “There are frequent protests and work stoppages, especially against vaccines and masks.” After DeSantis issued his executive order on July 30 banning schools from mandating masks, a group of parents filed a lawsuit.

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