JACKSONVILLE, Fla. — Leon County Circuit Judge Charles Dodson ruled in favor of the Florida Education Association’s legal challenge of the state’s emergency order to require schools to reopen in-person.
“Schools should reopen when the local decision-makers determine upon advice of medical experts, that it is safe to do so. Our Constitution requires safe schools,” Dodson said in his ruling.
In his ruling, Dodson states that the executive order was unconstitutional and school districts should make their own decisions when it comes to reopening.
“The Order is unconstitutional to the extent it arbitrarily disregards safety, denies local school boards decision making with respect to reopening brick and mortar schools, and conditions funding on an approved reopening plan with a start date in August. The Order will, however, pass constitutional muster if its unconstitutional portions are severed. And it would still require local school districts to provide a high-quality education, under the circumstances - the circumstances being this horrible pandemic.”
Education Commissioner Richard Corcoran is expected to appeal the decision. This means the injunction wouldn’t go into effect until after the appeal hearing.
The lawsuit was filed by the Florida Education Association after they said the emergency order violates the Constitution’s guarantee of safe education. The lawyers representing Governor Ron DeSantis and Corcoran said that they are required to provide high-quality education to students, and that means in-person education.
The ruling can be read here.
Cox Media Group
