In light of recent state-level bans on mask mandates in schools, the Education Department under President Joe Biden is launching an investigation into five states for possible civil rights violations. The inquiry focuses on whether these bans could be discriminating against students with disabilities.
The states under scrutiny—Iowa, Oklahoma, South Carolina, Tennessee, and Utah—have enacted laws that restrict schools from requiring masks for students. The Office for Civil Rights within the Education Department has reached out to the chief school officials in these states to inform them of the investigations, which aim to ascertain if the mask mandate bans hinder students with disabilities from safely returning to in-person education, potentially violating federal laws.
Even a layperson can see the issue; if a child has a compromised immune system and cannot attend school without the protection that masks provide, then that child is not receiving the public education they deserve. However, the complexities of law mean it’s not that straightforward.
While states like Florida, Arizona, Texas, and Arkansas have also imposed similar bans, they are not currently being investigated due to court orders that prevent the enforcement of these bans. A notable case involved a Florida judge overturning Governor Ron DeSantis’ mask mandate ban. It is hoped that other states will follow suit.
The Education Department has assured the public that it will keep a close eye on these states and is prepared to act should any state leaders obstruct local schools from implementing universal indoor masking or if court rulings change.
Recently, Biden tasked Education Secretary Miguel Cardona with exploring all available options to ensure that students can attend school safely without compromising their health or the health of their families. The directive emphasized that legal actions may be taken against governors who attempt to interfere with local school officials.
Cardona stated, “The Department has received feedback from parents nationwide, particularly those of students with disabilities, regarding how state bans on universal indoor masking are jeopardizing their children’s safety and access to in-person learning.” He expressed the Department’s commitment to fighting for every student’s right to a safe educational environment and for local educators to implement necessary safety measures.
The hope is that the investigations yield swift results so that all students can access their education in the safest way possible amid the ongoing challenges presented by COVID-19.
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In summary, the Biden administration is taking decisive action against state bans on mask mandates in schools, focusing on the potential risks these policies pose to students with disabilities. The ongoing investigations signal a commitment to ensuring safe in-person education for all.