Florida Teachers Sue over Reopening of Schools

A Florida teachers union has filed a lawsuit against Gov. Ron DeSantis and others after officials issued an emergency order announcing schools would reopen for in-person classes for the fall semester, regardless of the status of the coronavirus pandemic.

The Florida Education Association’s lawsuit accuses the state of violating its own constitution, which guarantees safety and security for public schools.

“The Defendants’ unconstitutional handling of their duties has infringed upon this mandate and requires the courts to issue necessary and appropriate relief,” the lawsuit states. “Florida students, parents, teachers, and the public deserve and are constitutionally entitled to the protections needed to assure a lawful and safe reopening.”

In addition to DeSantis, the complaint names as defendants Florida Education Commissioner Richard Corcoran, Miami-Dade County Mayor Carlos Giménez, the state Board of Education and the state Department of Education.

The order to reopen schools is of concern because Florida is experiencing a surge in positive COVID-19 cases. More than 10,000 new cases were reported Monday, according to NBC news. 

About 23,000 Florida children have tested positive for the disease, Florida Education Association president Fedrick Ingram told CNN’s “New Day” on Tuesday. The number, which translates to a 13.4% positivity rate, is more than 50% higher than the national rate for people of all ages, according to a CNN analysis.

“It’s unfortunate that we have a governor that is playing politics with children’s lives, with teachers’ lives, with cafeteria workers and bus drivers and secretaries, and people who really want to get back into our public schools,” Ingram said.

The Centers for Disease Control and Prevention (CDC) says the coronavirus spreads most easily from person to person when people are within six feet of each other and via the respiratory droplets produced by an infected person when they speak, cough or sneeze; the virus can also spread via contaminated surfaces, the lawsuit states.

The coronavirus lawsuit points out that contrary to what was originally believed, children are at risk of contracting, spreading and dying of COVID-19.

On March 17, the Florida Department of Education issued an executive order to close schools and help districts establish opportunities for remote learning, the lawsuit says.

Then in May, the CDC recommended a “gradual scale up” process to reopen schools for in-person classes, the complaint says. Under that guidance, the CDC recommended that physical schools not open until they reach Phase 2 and urged districts to continue distance learning in the meantime.

The agency cautioned that “full sized, in-person classes” present the “highest risk,” according to the lawsuit; an internal CDC document leaked on July 8 reiterates that position.

However, on July 6, as the rate of COVID-19 infections, hospitalizations and deaths in Florida continued to rise, Corcoran issued an emergency order “disregarding CDC recommendations,” the complaint states, instead requiring schools to open in August.

“Upon reopening in August, all school boards and charter school governing bodies must open brick and mortar schools at least five days per week for all students, subject to advice and orders of the Florida Department of Health, local departments of health, Executive Order 20-149 and subsequent executive orders,” the order says.

The order goes on to state that all school districts “must provide the full array of services required by law so that families who wish to educate their children in a brick and mortar school full time have the opportunity to do so,” and requires districts to submit a reopening plan to the department of education.

The lawsuit accuses the department of bypassing school boards with the order and imposing it on “parents, staff, and students without the necessary and appropriate consideration of all relevant safety factors.”

The plaintiffs seek an order stopping the defendants from forcing schools to reopen before it is safe to do so; an order requiring the defendants “to develop and implement an online instruction plan” for all children; and an order requiring each school to have adequate personal protective equipment and related supplies for all employees and students, to reduce class sizes in order to enable social distancing and to install sufficient hand-sanitizing stations, plexiglass shields and other measures necessary to minimize the spread of COVID-19 for students and staff.

The lawsuit also seeks declaratory judgments that the defendants violated the Florida Constitution and undermined school safety, and asks for injunctive relief for all plaintiffs.

Do you think states should require students to return to school for the fall semester? Tell us your thoughts in the comments.

The plaintiffs are represented by Kendall B. Coffey and Josefina M. Aguila of Coffey Burlington PI; Ronald G. Meyer of Meyer, Brooks, Blohm & Hearn PA; Kimberly C. Menchion, general counsel for the Florida Education Association; and Lucia Piva, Mark Richard and Kathleen M. Phillips of Phillips, Richard & Rind PA.

The Florida Back-To-School Lawsuit is Florida Education Association, et al. v. Ron Desantis, et al., Case No. 110470015, in the Circuit Court of the Eleventh Judicial Circuit In and For Miami Dade County, Florida, Circuit Civil Division.

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