While most Florida school districts have said they plan to stay the course on keeping classrooms open for in-person learning, the state’s largest teachers union is celebrating another legal victory.


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The Florida Education Association (FEA) sued to block an executive order requiring all schools to open five days a week for in-person instruction, and on Monday, Circuit Judge Charles Dodson sided with the union.

He ruled that local school districts have the right to decide what’s best for their students and teachers, regardless of the order from the state’s education commissioner, Richard Corcoran.

That ruling was automatically stayed when the state filed an appeal, but the FEA filed an emergency motion to keep the ruling in effect.

“Potential irreparable injury will be suffered by hundreds of thousands of school children, many teachers, and the community at large if the temporary injunction order is stayed,” Judge Dodson wrote on Thursday. “The evidence before the Court plainly demonstrates that as a result of the Defendants’ unconstitutional action requiring the statewide reopening of schools during the month of August 2020, without local school boards being permitted the opportunity to determine whether it is safe to do so, places people in harm’s way.”

He continued, “Teachers are resigning or retiring due to the risk of exposure to COVID-19. Young students are being exposed to the virus while there is uncertainty as to the long-term effects of the virus and whether children can transmit the disease to adults.”

Shortly after the ruling, the FEA’s president responded.

"Once again, the state has been turned back in its attempts to bully our districts," Federick Ingram told Spectrum News.

 

Florida Education Commissioner Richard Corcoran released the following statement to Spectrum News:

“We will not stop fighting and firmly believe we’re in the right. This decision only creates greater confusion for the approximately one million students who have started in-person learning throughout 56 brick and mortar school districts, the nearly 100% of teachers who have joyfully come back to teach their students, and all the parents who made the choice of what was best for their child. We are immediately appealing this decision to the First DCA.”