The nearly dozen school districts in Florida that have issued mask mandates with limited exceptions have not violated state law. Tallahassee Judge John Cooper has ruled the Governor and the Education Department overstepped their authority when they banned student mask mandates that do not offer a parental opt-out.
"An executive order ordering or setting in motion a violation of the parent's bill of rights is without legal authority, " said Judge Cooper.
Cooper adds, the Parents Bill of Rights includes provisions that allow school districts to infringe on a parent's rights when it comes to health and education.
Governor DeSantis has promised an appeal. His office issuing a statement:
"It’s not surprising that Judge Cooper would rule against parent’s rights and their ability to make the best educational and medical decisions for their family, but instead rule in favor of elected politicians. This ruling was made with incoherent justifications, not based in science and facts – frankly not even remotely focused on the merits of the case presented. We are used to the Leon County Circuit Court not following the law and getting reversed on appeal, which is exactly what happened last year in the school reopening case. We will continue to defend the law and parent’s rights in Florida, and will immediately appeal the ruling to the First District Court of Appeals, where we are confident we will prevail on the merits of the case."
Broward County School Board Chair Dr. Rosalind Osgood is applauding today's ruling.
Osgood said, "Me and seven of my colleagues have taken a position to mandate masks in Broward County Schools, because we believe that we have a constitutional obligation to have a safe and healthy environment for our students and staff."
She's giving a thumbs down to the federal government offer to replenish state funding pulled as a result of local mask mandates. Osgood says that money could be put to better use.