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The Department of Education can resume efforts to impose financial penalties on the 13 school boards defying rules put in place by the governor's executive order.
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The state claims the trial judge substituted his "own health policy preferences or risk assessments for those of the governor or, more importantly, the state health officer and surgeon general.”
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The Miami-Dade County School Board, the NAACP and other parties say the department did not have a legal basis for a rule aimed at preventing district mask mandates.
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The districts are challenging the department's authority to issue the parental opt-out rule and argue the wording does not prevent them from requiring medical exemptions from wearing masks.
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Taking the case to the 1st District Court of Appeal in Tallahassee puts an automatic stay on the judge's ruling, which effectively means it would be put on hold while an appeal moves forward.
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Hillsborough, Palm Beach, Leon, Duval, Sarasota and Miami-Dade reply to the education commissioner that their policies are appropriate.
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Education Commissioner Richard Corcoran says the Hillsborough, Sarasota, Orange and Duval districts are noncompliant with a health department rule triggered by a governor's ban on local mandates.
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The penalties come after a judge ruled that an executive order blocking school mandates was unconstitutional. Also, two more districts enacted strict mandates and the governor said an appeal was expected.
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A circuit judge is expected to make his ruling today on Gov. Ron DeSantis’ executive order that bans school districts from requiring students to wear masks.
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On the Florida Roundup, U.S. Secretary of Education Miguel Cardnoa warns he is prepared to probe the state over its executive order on mask mandates and delay in distributing federal funds.