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State Rep. Carlos Guillermo Smith and the nonprofit Florida Center for Government Accountability filed the lawsuit after the state denied public record requests seeking daily COVID data.
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Alachua County Civil Circuit Judge Monica Brasington granted the temporary injunction against the COVID vaccine mandate two days after Monday’s hearing for the lawsuit.
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An administrative law judge dismissed the case, noting he did not have any “wiggle room” with the new rule giving parents "sole discretion" on mask-wearing.
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Parents can decide whether their children should quarantine if asymptomatic after COVID exposure to minimize time away from in-school learning. The change also tweaks the ban against mask mandates.
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The deposition was sought by attorneys for school boards and parties challenging a Department of Health rule that requires parents to be able to “opt out” their children from mask mandates.
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The judge said the plaintiffs - parents of children with disabilities - should have pursued administrative claims before the lawsuit, a requirement under a federal law.
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Attorneys for a group of parents challenging the governor's executive order contend “immediate resolution” by the state's high court is needed because the school year is underway.
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An administrative court has consolidated Leon's challenge and four similar cases by other districts and groups including the Florida State Conference of the NAACP. A hearing is scheduled for Sept. 24.
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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.”