As many cities and states around the country revert to masking up in response to Delta variant infections, the departments of health and education in Florida have issued a rule protecting parents’ right to make decisions for their minor children, including allowing them to attend school without wearing a mask.
The news was posted on social media, including that students who do not wear masks should not face discrimination from staff or other students.
The rule issued reads, in part:
This emergency rule conforms to Executive Order Number 21-175, which order the Florida Department of Health and the Florida Department of Education to ensure safety protocols for controlling the spread of COVID-19 in schools that (1) do not violate Floridian’s constitutional freedoms; (2) do not violate parents’ rights under Florida law to make health care decisions for their minor children; (3)protect children with disabilities or health conditions who would be harmed by certain protocols, such as face masking requirements.
The order, which is incorporated by reference, directs that any COVID-19 mitigation actions take by school districts comply with the Parents Bill of Rights, and “protect parents’ right to make decisions regarding masking of their children in relation to COVID-19.”
Because of the importance of in-person learning to educational, social, emotional, and mental well-being, removing healthy students from the classroom for lengthy quarantines should be limited at all costs. Under Florida law, parents have a fundamental right to direct the upbringing, education, health care, and mental health of their minor children and have the right to make health care decisions for their minor children.
Republican Florida Gov. Ron DeSantis has steadfastly refused to shut down businesses in the state because of the coronavirus and has also refused to issue masking mandates, including in schools.
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