Friday, September 17, 2021

Florida Attorney General’s response to defiant school board: change your mask policy

Punta Gorda, Florida – Florida Attorney General Ashley Moody issued a consultation on September 3 on whether school districts can legally escape state laws and emergency regulations requiring children to wear masks in schools opinion.

This opinion is a response to the Suwannee County School District’s inquiry about whether the school district can legally opt out of state laws and emergency rules.

“I think school districts must abide by rules 64DER21-12 (pdf) And any other applicable authorities unless and until the judiciary declares them invalid,” Moody’s wrote in the advisory opinion in response to an inquiry from the Suwanee County School District.

“Students can wear masks or face masks as a mitigation measure; however, the school must allow students’ parents or legal guardians to choose not to let students wear face masks or masks,” the attorney general said.

Moody’s also stated that the judiciary “has not declared the rule invalid. Therefore, the advisory opinion clearly stated that it is illegal for multiple school districts to violate the rights of parents.”

Moody’s suggested that: “The Department of Education is urging every school district that is mandatory to wear a mask without opt-out to immediately change its policies and comply with Florida rules and laws.”

Last week, Leon County Judge John Cooper ruled that Governor Ron DeSantis’ executive order and the Department of Education’s emergency provisions on school masks policy were unconstitutional. As a result, many county school districts have changed their mask policies and believe that it is their legal right to require students to “wear masks” while they are in school.

At a press conference on September 1, DeSantis stated that the order has not been signed because he is planning to appeal the ruling.

Sarasota County

Another county changed their mask policy with a 3 to 2 vote at the school board meeting on August 20, 2021, ignoring the governor’s executive order and only allowing medical personnel to opt out.

Sarasota County discussed at their meeting the regulations for wearing masks, which aroused the outrage of parents, who hoped that there was no prescribed opt-out policy. On Monday, the order took effect, and parents rushed to the doctor’s office to handle the discharge procedures for their children. Board members will authorize execution for 90 days or until the COVID-19 hospitalization rate drops.

The parents decide to solve the problem by themselves and obtain a medical permit for their child.

Several media outlets reported that parents lined up outside the office of chiropractor Dan Busch in Venice, Sarasota County, because they heard he was signing forms for anyone who wanted to withdraw from medical treatment.There are many opt-out forms in the school After the board of directors passes the policy that the school board considers may be “problematic”. According to the minutes of the board meeting, this prompted the board to update the form to exclude chiropractors and require pediatricians and other medical professionals to sign only the withdrawal form.

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“The school district will only accept such medical certificates from doctors, osteopathic physicians or senior registered nurse practitioners as to whether individuals are exempted from the emergency mask policy,” Sarasota County School Director Dr. Brennan Asplen said in a public statement. Statement provided to the media.

The board decides which doctors can sign such a statement, which prompted the chiropractor to seek legal counsel and make a public statement to the media through his Venetian lawyer Bryan Kessler.

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“Dr. Bush is pleased that the school board has admitted that he amended the mask exemption form to act within the scope of his practice,” the statement read.

The lawyer went on to say in the statement that doctors are concerned that some medical professionals will be “excluded.” The committee used to believe that these professionals are eligible to provide medical diagnoses and medical exemptions to children who are sick and absent from school, and to participate in sports.

“It seems that if the school board believes that chiropractors are not qualified to sign the mask exemption form, then needless to say, they are also not qualified to determine whether the student’s physical condition is sufficient to participate in school sports,” the lawyer said. Said through his written statement.

The Florida Department of Education issued a media statement announcing that they plan to investigate Sarasota and other counties that changed their cover-up policy after a judge’s ruling last week. They will also withhold funds from Broward and Alachua Counties to implement the requirement to wear masks without parents opt-out.

“We will work hard to protect the right of parents to make health care decisions for their children. They know what is best for their children. What is unacceptable is those politicians who raised their right hands and pledged to uphold the Constitution but failed to do so. Simply put, Elected officials cannot choose the laws they want to comply with,” Florida Education Commissioner Richard Corcoran said at a media conference.

Jannis Falkenstern is a reporter for The Epoch Times, covering Florida.

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This News Originally From – The Epoch Times

Florida Attorney General's response to defiant school board: change your mask policy
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