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Mother plans to file Title IX complaint if St. Johns County School District doesn't implement mask mandate

Leon County Circuit Judge John Cooper says school districts have the right to set policies as long as they have "compelling state interest" and a plan of action.

ST. JOHNS COUNTY, Fla. — A Florida judge ruled Friday that Governor Ron DeSantis’ school mask mandate ban is unlawful.

Leon County Circuit Judge John Cooper says school districts have the right to set policies as long as they have "compelling state interest" and a plan of action.

The governor's office plans to immediately appeal Friday’s ruling.

DeSantis' communications director sent First Coast News the statement below.

"We will continue to defend the law and parent’s rights in Florida, and will immediately appeal the ruling to the First District Court of Appeals, where we are confident we will prevail on the merits of the case."

However, one St. Johns County mother says the school district’s hands are no longer tied.

“Our beef isn't with Tallahassee anymore. Judge Cooper made sure of that," mother Angelique Kelley said. "Our beef is now with the St. Johns County School District. They have the power to implement a mask mandate, and that needs to happen.”

Kelley sent a letter to Superintendent Tim Forson Friday, demanding a mask mandate for all. Currently, only school staff members and visitors are required to wear a mask.

Her 10-year-old son has a learning disability and requires in-person instruction at Hartley Elementary School.

He’s currently at home in quarantine, Kelley says, because she learned through another parent that he was exposed to a student who tested positive for COVID-19.

“It is their responsibility to provide a safe learning environment for children with disabilities. My child is one of those children," she explained. "Should the school district fail to implement a universal mask mandate? It is my intent to file a formal civil rights complaint with the United States Department of Education.“

On Friday afternoon, First Coast News reached out to the St. Johns County School District to see how it's responding to the ruling, but have not yet heard back.

There’s also no word so far from Nassau County.

However, the Clay County School District says it's continuing to follow its plan from the start of the school year, which recommends the use of masks for students and staff.

The Putnam County School District says it will “continue to monitor the COVID-19 data and consult with our local health officials. At this time, masks in schools will be voluntary.”

On Monday, the Duval County School Board voted in favor of a mask mandate with a medical opt-out, which will begin Sept. 7.

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