JACKSONVILLE, Fla. — Duval County Public Schools released a letter Wednesday responding to the State Board of Education's investigation into the district for non-compliance with the state's emergency order on mask mandates in schools.
In a letter obtained by First Coast News Tuesday, sent to DCPS Superintendent Dr. Diana Greene and School Board Chair Elizabeth Andersen Friday, Commissioner of Education Richard Corcoran says he has "grave concern" regarding the district's mandate.
The Duval County School Board voted last week in favor of a more rigid mask mandate for students, set to start Sept. 7 and last 90 days. It does offer an opt-out policy for students with medical, physical or psychological conditions that prevent wearing a facial covering.
But, the choice to opt out must be accompanied by a medical certification process through the school district.
The letter from Corcoran states that the Florida Department of Health's emergency rule on school mask policies "explicitly requires" that such policies "must allow for a parent or legal guardian of the student to opt-out the student from wearing a face covering or mask." It goes on to say that the state's rule does not require parents submit medical documentation in order to opt out.
Scroll down to read the full letter.
"Recent reports in the media indicate that the Duval School Board has taken action inconsistent with the emergency rule by limiting or conditioning the parental ability to opt-out of a face covering or mask mandate," the letter says. "I am immediately initiating an investigation of non-compliance with the rule adopted by the Florida Department of Health on August 6, 2021."
The letter demands a written response by 5 p.m. Wednesday documenting "how (the) district is complying" with the emergency rule.
"Should you fail to document full compliance with this rule ... I intend to recommend to the State Board of Education that the Department withhold funds in an amount equal to the salaries for all the members of the School Board, as well as other sanctions authorized by law, until the district comes into compliance," Corcoran writes.
Duval County Public Schools told First Coast News each school board member makes $45,891 a year, and with seven board members that means a little more than $321,237 of funding is at stake.
Board chair Anderson also addressed the threat of the salary cuts after the mask mandate vote last week.
“I think as a board it is our priority to keep students safe and healthy and in our schools so that they can be there and learning," she said. "And we are going to do everything that we can in respect to this executive order and the wishes of our parents to make sure that can happen. I think that what we have done is within the executive order that was set forth by the governor.“
The state is currently withholding salaries of school board members in Alachua and Broward counties for requiring face masks without opt-out options.
On Friday, a judge ruled against the governor's ban on school mask mandates, meaning individual school districts have the power to decide whether to require students and staff to wear masks, without fear of a financial penalty from the state. The state is challenging that ruling.
Amid this court battle, it's unclear how long Florida's withholding of funds will last.
On Wednesday, First Coast News obtained a letter with the district's response to how it is complying with the state's emergency rule.
In the letter, DCPS cites "dangerous and startling health conditions" as its reasoning for passing the mask requirement for students.
The letter mentions the district's original plan to strongly encourage mask-wearing, but students were allowed to opt-out of wearing a mask for any reason.
"However, once school started on August 10, 2021, additional facts and evidence came to light such that it became clear that allowing unconstrained opt-outs presented a clear and present danger to staff and students," the letter reads.
The letter states that there were 1,600 documented cases of COVID-19 after only three weeks of school, 65% of the total cases of COVID-19 for the entirety of the 2020-21 school year. The letter also cites that eleven employees of DCPS have died as a result of COVID-19 complications since the 2020-21 school year.
Another reasoning the district gave in the letter is the difficulty of contact tracing.
"Therefore, a significant number of students and staff who were and are being exposed to COVID-19 are not being quarantined, which further contributes to the rampant spread of COVID-19," the letter states.
Finally, the letter states the testimony from the public urging the district to require masks, including mentioning the names of several medical experts in the Jacksonville community.
The district says it was not intending to violate any rule put forth by the State Board of Education or the Department of Health, and the new mandate does allow for children to be opted-out, albeit with a doctor's note.
"The DOH rule does not state the opt-out must be unlimited or otherwise prevent schools from establishing parameters for the opt-out," the letter says.
You can read the school district's response below.
Click here for more information about the district's mask policy and other COVID-19 safety protocols.
Read the Florida Board of Education's full letter below.