Judge strikes down Florida order forcing districts to have in-person classes

A Florida judge has ruled that the state order forcing school districts to open classrooms for in-person instruction five days a week is unconstitutional.

The Orlando Sentinel reports that the judge's decision stems from two lawsuits, one from Orange County and another from the statewide teachers union. Both have challenged the school reopening order issued by Florida Education Commissioner Richard Corcoran.

“The order is unconstitutional to the extent it arbitrarily disregards safety, denies local school boards decision making with respect to opening brick and mortar schools, and conditions funding on an approved reopening plan with a start date in August,” wrote Judge Charles Dodson of Leon County Circuit Court in the order.

The state’s order also harms teachers who are “being told they must go back into classrooms under extremely unsafe conditions,” Dodson wrote.

The reopening order, signed July 6, required public schools to open this month or risk losing state funding.

The Orange County school district, which opened campuses Friday, said it could have lost $22.5 million a month if it did not comply with the state order.

The state has filed an appeal, and Corcoran says that he and other Florida leaders are “100% confident we will win this lawsuit.”

Corcoran says 1.6 million students ― more than half the state’s public school enrollment — have opted for in-person classes for the 2020-21 school year.

Those who filed the two lawsuits, which were combined by the judge, found many reasons to celebrate.

“This is a great day for Florida public schools,” said Fedrick Ingram, president of the Florida Education Association.

“Shame on our governor and our commissioner of education, who recklessly told us we had to have a brick and mortar option no matter what,” Ingram said.

Union leaders said some teachers have resigned or applied for medical leave this month because they were assigned to teach on campus but feared doing so would get them or their family members sick.

“Teachers want to be back in school,” Ingram said. “We don’t want to risk our own lives.”

For much of the summer, state leaders have pushed schools to reopen, arguing that in-person education is best for most children and that many children needed the meals, mental health services and therapies schools provided.

But the judge agreed with those who challenged the state requirement. Public schools, he said, should “reopen when the local decision-makers determine upon advice of the medical experts that it is safe to do so.”