Education Department Probes School Mask Mandate Bans in Five States

The Biden Administration’s Department of Education is currently investigating five states that have enacted bans on mask mandates in schools, examining potential civil rights violations. As some states implement restrictions against mask requirements, the Department aims to assess whether these policies are unfairly impacting students with disabilities.

States Under Scrutiny

The states under scrutiny—Iowa, Oklahoma, South Carolina, Tennessee, and Utah—have all instituted prohibitions on schools requiring masks for students. The Department’s Office for Civil Rights has reached out to the chief education officials in these states, indicating that the investigations will focus on whether the bans hinder students with disabilities from safely returning to in-person instruction, which may violate federal law.

The Complexity of the Situation

One might think that the case is straightforward: if a child is immunocompromised and requires the protection that masks provide, then a lack of mask mandates could prevent them from receiving their entitled public education. However, the situation is more complex.

It’s important to note that other states, such as Florida, Arizona, Texas, and Arkansas, have also implemented similar bans but are not currently facing investigations because their bans are not actively enforced due to court rulings. For instance, a Florida judge recently overturned Governor Ron DeSantis’ ban on mask mandates. The Education Department is prepared to monitor these states closely and will take action if necessary, especially if any local school districts are impeded from enforcing mask policies.

Federal Response

President Biden has directed Education Secretary Miguel Cardona to explore all available measures to ensure that students can attend school safely without compromising their health or that of their families. This includes evaluating potential enforcement actions under applicable laws against governors who attempt to obstruct local school officials from implementing necessary health measures.

“Parents across the nation—especially those with children who have disabilities or underlying health conditions—have expressed their concerns that state bans on universal indoor masking endanger their children and prevent equal access to in-person learning,” Cardona stated. “It’s unacceptable for state leaders to prioritize politics over the health and education of the students they pledged to serve.”

The hope is that the investigations will lead to prompt actions that will safeguard all students’ access to a public education in the safest possible manner during the ongoing COVID-19 pandemic.

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Summary: The Biden Administration’s Education Department is investigating five states for banning school mask mandates, potentially violating the civil rights of students with disabilities. The Department aims to ensure that all students can safely access in-person education during the pandemic.