executive order

In a joint motion, attorneys for the parents and the DeSantis administration said the case was moot because of a law passed during a special session this month.

The 11th U.S. Circuit Court of Appeals issued a notice that arguments will be held the week of Feb. 7 in Miami.

An administrative law judge upheld the emergency rule and said decisions to opt out of student mask requirements are at the “sole discretion” of parents or guardians.

The three-judge panel stopped short of deciding the lawsuit but said the school districts cannot stand between parents and "their lawful right to make decisions on behalf of their children.”

During a two-day hearing, Administrative Law Judge Brian Newman heard testimony from witnesses called by attorneys for the state and the districts challenging rules on student masking.

The two-day trial kicked off in Tallahassee with the districts arguing the health department overstepped its authority and the state saying those claims are overblown.

Attorneys for the Florida Department of Health said in a motion that Miami-Dade, Broward, Orange, Duval, Alachua and Leon counties do not have legal standing to challenge the rule.

The families of students with disabilities are seeking an injunction against the governor's executive order while an appeal of a lower-court ruling moves forward.

The DeSantis administration has asked an appeals court to block challenges filed by five school boards against a Department of Health rule aimed at preventing student mask mandates.

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.