“A group of parents and their children with disabilities filed suit against the state of Florida Friday claiming Gov. Ron DeSantis’ ban on mask mandates in schools violates the Americans with Disabilities Act,” reports ClickOrlando.com.
“Two Central Florida families are plaintiffs in the lawsuit, including students who attend Volusia County and Orange County schools. The federal lawsuit filed in the Southern District of Florida includes 27 parents and children who claim DeSantis ‘does not have the authority to threaten school districts with loss of funding if they protect their students with disabilities health and rights to be in an integrated learning environment.'”
“The children in the lawsuit all have individualized education plans due to their medical conditions and are at higher risk of severe cases of COVID-19, according to attorneys for the families. “By refusing to allow school districts to implement mask mandates, Governor DeSantis has placed an illegal barrier for students with disabilities which is preventing our state’s most vulnerable students from returning to public schools,” the lawsuit states, adding it essentially forces the children out of the public school system.”
“The lawsuit states that the defendants “have argued publicly that students can attend virtual programs or be given a voucher to attend a private school.” The lawyers for the plaintiffs argue neither option is comparable to what the public school setting offers. “Virtual programs do not provide students with disabilities a free appropriate public education and there are no virtual programs available to those students on a modified curriculum,” the lawsuit reads.”
“It later adds, ‘Vouchers are also not a viable alternative. When a parent accepts a voucher, they waive their right to a free appropriate public education. Parents must also have the financial means to transport their child to a private school and pay the extra expenses that the voucher does not cover. Also, the parent must find a private school willing to accept their child with their disabilities. Just having a voucher does not guarantee that the family will be able to find a private school willing to accept the voucher and that student.'”