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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 judge said actions like the governor's executive order on masks, typically should be upheld while working through court challenges: “But we're not in normal times, We're in a pandemic.”
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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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The money would be spread over a period of 18 years, starting next April.
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The lawsuit alleges that the Department of Health violated public records laws at a time when the delta variant has caused cases, hospitalizations and deaths to surge.
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Unlike the case that was heard last week in Leon County court, this federal lawsuit filed in South Florida is more narrowly focused on the rights of students with disabilities.
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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 group of parents take issue with a policy at the school that allows only students who are fully vaccinated to go without a face covering.
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Pinellas declined to enact a stricter mandate this past week. After a judge's ruling struck down a state executive ordeer, one parent group said it plans to petition the board again.
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A judge rules that school districts may impose mask mandates, agreeing with a group of parents who claimed Gov. Ron DeSantis' ban on the mandates is unconstitutional and cannot be enforced.