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Judge explains ruling against DeSantis' mask mandate ban
A Florida judge ruled Governor Ron DeSantis' executive order banning mask mandates in schools was unconstitutional while also rejecting many of the anti-mask claims DeSantis made when issuing the ban back in July.
TALLAHASSEE, Fla. - The Florida Department of Education is withholding the monthly salaries for school board members in Alachua and Broward County, according to an announcement from Commissioner of Education Richard Corcoran.
Corcoran says the move is retaliation for districts that implemented mask mandates in schools, which "violates parental rights by not allowing a parent or legal guardian to opt-out their child, as required by Florida Department of Health Emergency Rule 64DER21-12."
The announcement said the withholding of funds would continue monthly until the school boards comply with the emergency rule.
PREVIOUS: 4 of Florida's 5 largest school districts mandate masks, defying DeSantis' executive order
Earlier this month, the State Board of Education warned Alachua and Broward County school districts that salaries of top school officials would be withheld if they did not carve out exemptions for parents in their mask mandates.
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Gov. DeSantis to sign executive order making masks optional in schools
The order will direct the Florida Department of Education and Florida Department of Health to issue emergency rules that will allow parents to decide whether they want their children to wear face coverings in class.
PREVIOUS: Ease your mask mandates or pay up, Fla. Board of Education warns districts
The state says the counties are prohibited from offsetting the withholding of funds by reducing expenditures in any other areas.
The announcement says "the Commissioner of Education and State Board of Education retain the right and duty to impose additional sanctions and take additional enforcement action to bring each school district into compliance with state law and rule."
MORE: Governor’s school mask-mandate ban illegal and unsupported, judge rules
Meanwhile, a Leon County judge ruled the governor's ban on mask mandates was not legal. Judge John Cooper granted an injunction against the state Board of Education because of its enforcement of the executive order.
The case is expected to be appealed.
Agriculture Commissioner Nikki Fried, who is running for governor against DeSantis, has called the executive order "indefensible and illegal."