ORANGE COUNTY, Fla. — With less than 24 hours to go before the start of school, some parents are worried about sending their kids to class. While masks are now required in the county's public schools, parents can opt out with a simple handwritten note. 


What You Need To Know

  •  The school year starts Tuesday in Orange County

  •  Orange County Public Schools has issued a mask mandate, but gives parents the ability to opt out

  • Judi Hayes is one of a group of parents suing Gov. Ron DeSantis over his ban of mask mandates in schools

  • Because parents can so easily opt out of the current rule, she is concerned about her son, who has Down syndrome

Will Hayes, 10, was excited to return to in-person learning this year, but his mom, Judi, says his Down syndrome puts him at a greater risk for complications from COVID-19. 

“So it just isn’t safe for him to go to school if there are other unvaccinated children not wearing masks,” she said. 

While her 13-year-old is vaccinated, Will is still too young for a COVID-19 vaccine. 

Hayes said she is in favor of a mask mandate this year, which is why she and several other parents across the state joined together in a lawsuit to stop Gov. Ron DeSantis’ ban on mask mandates in schools. 

“There’s no reason that we wouldn’t insist on universal masking as really the only line of defense for those kids,” she said. 

But now, with the rule changes from the state boards of education and health, Orange County Public Schools instituted a mask mandate for students. 

OCPS superintendent Dr. Barbara Jenkins said they believe making masks mandatory sends a message. 

But like the new rule requires, any parent can opt out for any reason. 

“While we strongly encourage the use of face masks, a simple, one-sentence note is all that they need to send in with their child,” Jenkins said. 

With opting out being so simple, Hayes says she worries the mandate is no better than having masks be optional. 

“It really doesn’t change anything … the people who didn’t want to wear a mask, this isn’t going to convince them to wear masks,” she said. 

So Hayes is still hoping the lawsuit her group filed will allow districts like OCPS to reinstate unconditional mask mandates for students. 

She said they filed for expedited injunctive relief, hoping that a judge would suspend the governor’s emergency order quickly. 

If that doesn't happen, she plans on keeping Will home, at least for the first week of school.