WHEREAS, a proper to regular training is crucial to the expansion and growth of our youngsters and adolescents; and
WHEREAS, final summer time, at my course, Florida’s Division of Training ordered colleges to be open for in-person instruction for 5 days per week to make sure the continued well-being of scholars and households; and
WHEREAS, colleges – together with those who didn’t require college students to be masked – didn’t drive group transmission of COVID-19; and
WHEREAS, regardless of current Facilities for Illness Management and Prevention (CDC) “steerage,” forcing college students to put on masks lacks a well-grounded scientific justification; certainly, a Brown College research analyzed COVID-19 knowledge for colleges in Florida and located no correlation with masks mandates; and
WHEREAS, masking youngsters could result in damaging well being and societal ramifications; and
WHEREAS, research have proven that youngsters are at a low threat of contracting a critical sickness as a consequence of COVID-19 and don’t play a major position within the unfold of the virus; and
WHEREAS, forcing youngsters to put on masks may inhibit respiration, result in the gathering of harmful impurities together with micro organism, parasites, fungi, and different contaminants, and adversely have an effect on communications within the classroom and pupil efficiency; and
WHEREAS, there isn’t a statistically-significant proof to counsel that counties with masks necessities have fared any higher than these with out masks necessities through the 2020-2021 faculty 12 months; and
WHEREAS, on April 29, 2021, Florida Surgeon Normal Dr. Scott Rivkees issued a Public Well being Advisory stating that persevering with COVID-19 restrictions on people, together with long-term use of face coverings, pose a threat of hostile and unintended penalties; and
WHEREAS, on June 29, 2021, I signed into legislation H.B. 241, the Dad and mom’ Invoice of Rights, which prevents the state, its subdivisions, or any governmental establishment, from infringing on the elemental rights of a guardian to direct the upbringing, training, well being care, or psychological well being of a minor baby with out demonstrating that such motion is affordable and essential to realize a compelling state curiosity and that such motion is narrowly tailor-made and isn’t in any other case served by much less restrictive means; and
WHEREAS, pursuant to Florida legislation, all mother and father have the appropriate to make well being care choices for his or her minor youngsters; and
WHEREAS, many faculty districts are scheduled to start courses on August 10, 2021, which is lower than two weeks away, and inside 4 weeks nearly all public colleges throughout Florida might be underway; subsequently speedy motion is required to guard the elemental proper of fogeys to make well being and academic choices for his or her youngsters; and
WHEREAS, Part 1003.22(3), Florida Statutes, mandates the Florida Division of Well being to undertake guidelines, in session with the Florida Division of Training, governing the management of preventable communicable illnesses, together with procedures for exempting youngsters from immunization necessities; and
WHEREAS, Florida’s State Board of Training, the chief implementing and coordinating physique of public training in Florida, has the authority to undertake guidelines pursuant to Sections 120.536(1), 120.54, and 1001.02, Florida Statutes, and should delegate its common powers to the Commissioner of Training; and
WHEREAS, pursuant to Part 1008.32(4), Florida Statutes, if the State Board of Training determines {that a} district faculty board is unwilling or unable to adjust to the legislation, the State Board shall have the authority to, amongst different issues, withhold the switch of state funds, discretionary grant funds, discretionary lottery funds, or some other funds specified as eligible for this goal by the Legislature till the varsity district complies with the legislation or state board rule and declare the varsity district ineligible for aggressive grants; and
WHEREAS, given the historic knowledge on COVID-19 and the continuing debate over whether or not masks are extra dangerous than helpful to youngsters and to highschool environments generally, we should always defend the freedoms and statutory rights of scholars and oldsters by resting with the mother and father the choice whether or not their youngsters ought to put on masks at school; and
WHEREAS, we should always equally and uniformly defend the freedoms and rights of scholars and oldsters throughout the state.
NOW, THEREFORE, I, Ron DeSantis, as Governor of Florida, by advantage of the authority vested in me by Article IV, Part 1(a) of the Florida Structure, and all different relevant legal guidelines, promulgate the next Govt Order, to take speedy impact:
Part 1. I hereby direct the Florida Division of Well being and the Florida Division of Training, working collectively, to right away execute guidelines pursuant to part 120.54, Florida Statutes, and take any further company motion essential, utilizing all authorized means accessible, to make sure security protocols for controlling the unfold of COVID-19 in colleges that:
- Don’t violate Floridians’ constitutional freedoms;
- Don’t violate mother and father’ proper underneath Florida legislation to make well being care choices for his or her minor youngsters; and
- Defend youngsters with disabilities or well being circumstances who can be harmed by sure protocols reminiscent of face masking necessities.
Part 2. Any motion taken pursuant to Part 1 above shall at minimal be in accordance with Florida’s “Dad and mom’ Invoice of Rights” and defend mother and father’ proper to make choices concerning masking of their youngsters in relation to COVID-19.
Part 3. The Florida Commissioner of Training shall pursue all authorized means accessible to make sure faculty districts adhere to Florida legislation, together with however not restricted to withholding state funds from noncompliant faculty boards violating any guidelines or company motion taken pursuant to Part 1 above.
Part 4. This doesn’t prohibit the Florida Legislature from exploring laws to additional defend the elemental rights of scholars and oldsters to be free from extreme, dangerous regulation in colleges.
Part 5. This Govt Order is efficient instantly.