Miguel Cardona speaks after then-President-elect Joe Biden announced him as his nominee for Education Secretary at the Queen theatre on Dec. 23, 2020, in Wilmington, Delaware. (Joshua Roberts/Getty Images)
WASHINGTON — Federal education officials have launched civil rights investigations in five Republican-led states that have prohibited school districts from mandating mask-wearing, saying those policies could amount to illegal discrimination against students with disabilities.
The new investigations will examine whether “students with disabilities, who are at heightened risk for severe illness from COVID-19, are prevented from safely returning to in-person education” as a result of the state policies preventing universal masking, according to the letters.
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The investigations come after President Joe Biden and Education Secretary Miguel Cardona pledged earlier this month to use the administration’s full oversight and legal authority to stick up for local school officials imposing universal mask mandates in defiance of GOP politicians.
As of last week, eight states had prohibited school districts from setting mask requirements, according to a tally by Education Week, with lawsuits winding through the court system in several of those states. Fifteen states and the District of Columbia require masks be worn in schools.
In Iowa, Gov. Kim Reynolds signed a bill in May that forbids Iowa schools, counties and cities from requiring face coverings.
Tennessee Gov. Bill Lee issued an executive order that requires public schools and school districts to allow parents to opt their child out of a mask mandate, and his lieutenant governor has threatened to take “remedial options” against school systems that refuse to follow the governor’s order.
National data also show that children with some underlying medical conditions, including those with certain disabilities, are at higher risk than other children for experiencing severe illness from COVID-19.
– Acting Assistant Secretary for Civil Rights Suzanne Goldberg
Cardona had sent letters earlier this month to governors in Arizona, Florida, Iowa, Oklahoma, South Carolina, Tennessee, Texas and Utah, writing that restrictions on mask mandates in schools put children at risk.
Federal education officials said they have not launched investigations in Florida, Arizona, and several other states where bans on universal indoor masking are not currently being enforced due to court orders or other state actions. The agency said it will closely monitor those states and is prepared to take action if local schools are prevented from implementing universal masking.
The Biden administration has limited authority to regulate local school policies, though it does wield significant influence through the sizable sums of money flowing to school districts.
It also can launch civil rights investigations as it did Monday, citing authority to enforce federal laws that protect students with disabilities from discrimination based on their disability. Those laws include a right for students with disabilities to receive their education in the regular educational environment, alongside peers without disabilities, according to the Department of Education.
But federal education officials are arguing that preventing mask use could infringe on that right by “preventing schools from making individualized assessments about mask use so that students with disabilities can attend school and participate in school activities in person,” according to the letters.
“National data also show that children with some underlying medical conditions, including those with certain disabilities, are at higher risk than other children for experiencing severe illness from COVID-19,” Acting Assistant Secretary for Civil Rights Suzanne Goldberg wrote. “At the same time, extensive evidence supports the universal use of masks over the nose and mouth to reduce the risk of COVID-19 transmission.”
The next steps in the state-federal skirmish may come quickly. Officials from the Education Department’s Office of Civil Rights will contact state education officials within a week to request data and other information necessary for the investigations.
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