Penalties Not Certain for School Districts Defying Parental Opt-Outs
August 18th, 2021 by Jake StofanAt the conclusion of the Board of Education meeting there were more questions than answers about what consequences school districts will face for not providing an parental opt-out from mask mandates.
The districts are now seeking legal council to sort out their options.
The Board of Education found probable cause that both Alachua and Broward School Districts are out of compliance with the Department of Health rule that requires parents be given the right to opt their kids out of mask mandates.
The exact consequences aren’t yet clear.
“I think that there is this ominous threat of what they plan on doing next,” said Alachua School Superintendent Dr. Carlee Simon.
Dr. Simon said her district is seeking legal council.
“We would like to have a very robust understanding of what our steps are,” said Dr. Simon.
The Board or Education discussed possible investigations into whether the districts used public dollars for PR, cutting funding equal to school board and superintendent salaries and even removal from office.
Broward School Board Member Sarah Leonardi says she knew her vote could come with consequences, but doesn’t regret her vote.
“I had to make the decision that I thought was right for our students and employees,” said Broward School Board Member Sarah Leonardi.
The Board of Education suggested Alachua and Broward should have taken their objection to the opt-out requirement to the courts, instead of ignoring the law outright.
But President of the Florida Education Association Andrew Spar argued the school officials’ primary duty is ensuring the safety and security of the students they serve.
“And I don’t believe the Governor’s order limits their ability to do that,” said Spar.
While the school districts have not yet filed suit themselves, a challenge to the mask mandate ban has been filed by parents.
A circuit court judge is scheduled to consider whether or not to allow that suit to go forward Thursday afternoon.
Miami-Dade and Hillsborough School Boards meet Wednesday to discuss their masking policies.
Both are expected to follow Alachua and Broward’s lead.
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