Governor DeSantis has issued Executive Order 21-175 (Ensuring Parents' Freedom to Choose - Masks in Schools), namely directing the Florida Department of Health and the Florida Department of Education to work collaboratively to execute rules based on Florida Statute 120.54, and "take any additional agency action necessary, using all legal means available, to ensure safety protocols for controlling the spread of COVID-19 in schools that:
- Do not violate Floridians' constitutional freedoms.
- Do not violate parents' right under Florida law to make health care decisions for their minor children and,
- Protect children with disabilities or health conditions who would be harmed by certain protocols such as face masking requirements."
This last Executive Order comes after the Governor's signing of H.B. 241, the "Parent's Bill of Rights" back in June, which prevents the "state, its subdivisions, or any governmental institution, from infringing on the fundamental rights of a parent to direct the upbringing, education, health care, or mental health of a minor child without demonstrating that such action is reasonable and necessary to achieve compelling state interest and that such action is narrowly tailored and is not otherwise served by less restrictive means."
Executive Order 21-175 also requires that any protocols set in place must be in accordance with Florida's "Parents' Bill of Rights" and protect parents' right to make health care decisions for their minor children.
With our public schools reopening on August 23, 2021 for their 2021-22 school year, many questions are still being raised. M-DCPS have said that facial coverings will be required on buses. The wearing of facial coverings and social distancing outdoors while students wait for the bus will be a parental responsibility; however, both will be encouraged.
Please stay tuned as we consider the impact of this order on the 2021-22 school year. We will continue to keep you informed of any updates.
