President Biden asked his education secretary to see what could be done about states that prohibit school districts from enacting CDC public health recommendations. Miguel Cardona responded by empowering his Office of Civil Rights to investigate.
Masking debates have largely pitted proven public health measures against personal rights and freedoms. Civil rights were not viewed as a factor until August 30 when Suzanne B. Goldberg, the Acting Assistant Secretary for Civil Rights for the U.S. Department of Education, sent letters notifying the heads of five state education departments that they were prepared to take action to protect the health of children with disabilities.
"It's simply unacceptable that state leaders are putting politics over the health and education of the students they took an oath to serve," said U.S. Secretary of Education Miguel Cardona in a department press release. "The Department will fight to protect every student's right to access in-person learning safely..."
"The department’s civil rights head wrote to state education leaders in Iowa, Oklahoma, South Carolina, Tennessee and Utah, notifying them that the department’s Office for Civil Rights would determine whether the prohibitions are restricting access for students who are protected under federal law from discrimination based on their disabilities, and are entitled to a free appropriate public education," reported Erica L. Green and Daniel E. Slotnik for The New York Times on Aug. 30 (source article).
The letters state that students with disabilities "are at heightened risk of severe illness from COVID-19." According to guidance for COVID-19 prevention in K-12 schools issued by the Centers for Disease Control and Prevention on August 5, "due to the circulating and highly contagious Delta variant, CDC recommends universal indoor masking by all students (age 2 and older), staff, teachers, and visitors to K-12 schools, regardless of vaccination status."
To underscore the. importance of public health measures to reduce coronavirus transmission among children, CDC released a report on Sept. 3 that showed that "[w]eekly COVID-19–associated hospitalization rates among children and adolescents rose nearly five-fold during late June–mid-August 2021, coinciding with increased circulation of the highly transmissible SARS-CoV-2 Delta variant."
Gov. Ron DeSantis of Florida and Gov. Greg Abbott of Texas have received much media attention by using their authority and state legislation to preempt local governments and school districts from requiring universal masking, but those two states, as well as Arkansas and Arizona, were not among the five "because those states' bans on universal indoor masking are not currently being enforced as a result of court orders or other state actions," according to the Education Department's press release.
Related in Planetizen:
FULL STORY: The U.S. Education Department is investigating five states over their mask mandate bans.
Pandemic Debate: Civil Liberties vs. Individual Liberties
The American Civil Liberties Union stepped into the nation's masking debate in K-12 schools on the side of parents of students with disabilities. They won the first round in the U.S. Southern District Court of Iowa. Mask mandates are permitted again.
Florida Judge Rules That Governor Overstepped Authority in Banning School Mask Mandates
A group of parents won the first round on Aug. 27 in a state circuit court in a dispute with the governor and state education agencies over the ability of school boards to require all students to wear masks to prevent the spread of the coronavirus.
Reopening Schools: CDC Reduces Social Distancing Requirement
The Centers for Disease Control and Prevention now supports three-foot distancing in elementary school classrooms provided there is universal masking. For middle and high schools, it depends on the level of coronavirus transmission in the community.
Trump Administration Could Effectively End Housing Voucher Program
Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
Canada vs. Kamala: Whose Liberal Housing Platform Comes Out on Top?
As Canada votes for a new Prime Minister, what can America learn from the leading liberal candidate of its neighbor to the north?
Washington State’s Parking Reform Law Could Unlock ‘Countless’ Acres for New Housing
A law that limits how much parking cities can require for residential amd commercial developments could lead to a construction boom.
Wildlife Rebounds After the Eaton Fire
Following the devastation of the Eaton Fire, the return of wildlife and the regrowth of native plants are offering powerful signs of resilience and renewal.
LA to Replace Inglewood Light Rail Project With Bus Shuttles
LA Metro says the change is in response to community engagement and that the new design will be ready before the 2028 Olympic Games.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
Central Transportation Planning Staff/Boston Region MPO
Heyer Gruel & Associates PA
Institute for Housing and Urban Development Studies (IHS)
City of Grandview
Harvard GSD Executive Education
Regional Transportation Commission of Southern Nevada
Toledo-Lucas County Plan Commissions