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The state Board of Education said Alachua and Broward violated a state Department of Health rule that requires parents to be allowed to opt out of student mask mandates.
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Miami-Dade, Hillsborough and Palm Beach remove parental opt-outs in defiance of the governor as President Biden calls for legal action against states that block health measures to protect students.
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Education Commissioner Richard Corcoran has recommended both districts be punished, which could include withholding funds or even removal of leaders from office.
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The attorneys are urging a Leon County Circuit Judge John Cooper to dismiss the case filed by parents from various parts of Florida that challenges Gov. Ron DeSantis' executive order.
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After a largely procedural Zoom hearing Friday, a state judge scheduled a Thursday hearing unless he decides to dismiss the case beforehand.
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Letters from Secretary Miguel Cardona said the administration will work with districts and educators directly if the Florida Department of Education does not distribute federal pandemic aid.
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Education Commissioner Richard Corcoran will “report his findings related to Alachua and Broward” during the meeting and “sanctions would follow if they’re found to be in violation of the mask mandate ban.”
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Alachua County is moving forward with requiring students to have doctors’ notes to avoid wearing masks, while Leon County backed away from a similar plan and will comply with the state’s demands.
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Leon and Alachua officials decided to require parents to submit doctors’ notes for children to be exempt, drawing objections from the education commissioner. Broward officials could be next after a Tuesday vote.
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As legal battles heat up, the Department of Education will consider expanding the "hope scholarship" to provide access to vouchers for families against mask mandates.