Education Secretary: Tennessee governor's mask opt-out order may infringe on federal laws
NASHVILLE, Tenn. (WZTV) — Tennessee Governor Bill Lee’s executive order allowing parents to opt-out of school mask mandates may infringe on federal law and interfere with federal relief dollars to the state, the U.S. Secretary of Education explained Wednesday in a letter to the governor and state Education Commissioner Penny Schwinn.
The letter signed by Secretary of Education Miguel Cardona insists that Governor Lee’s Executive Order 84 puts the U.S. Department of Education’s goals of keeping children safe in school at risk by restricting school districts from developing COVID-19 safety policies.
“Tennessee’s actions to block school districts from voluntarily adopting science-based strategies for preventing the spread of COVID-19 that are aligned with the guidance from the Centers for Disease Control and Prevention (CDC) puts these goals at risk and may infringe upon a school district’s authority to adopt policies to protect students and educators as they develop their safe return to in-person instruction plans return to in-person instruction plans required by Federal law,” the letter reads in part.
Secretary Cardona later adding: “This State level action against science-based strategies for preventing the spread of COVID-19 appears to restrict the development of local health and safety policies and is at odds with the school district planning process embodied in the U.S. Department of Education’s (Department’s) interim final requirements.”
According to the letter, the American Rescue Plan Act of 2021 requires each local education agency receiving relief funds to adopt a plan for the safe return of students to the classroom.
Section 2001(i) of the ARP says those wanting Elementary and Secondary School Emergency Relief must describe how each education agency will maintain the health and safety of students and educators and which policies based on CDC safety recommendations are being put into place.
The letter says: “The safety recommendations include ‘universal and correct wearing of masks.’”
The Department of Education expressed concern that the executive order could limit how schools plan to keep students safe. The agency made their stance clear.
“The Department stands with the dedicated educators who are working to safely reopen schools and maintain safe in-person instruction.”
Secretary Cardona says the Department of Education is keeping its eye on Tennessee to make sure the state is meeting requirements to still qualify for federal education dollars, but that they hope to work with Tennessee on ways to protect those back in the classroom.
“The Department will continue to closely review and monitor whether Tennessee is meeting all of its Federal fiscal requirements. It’s critical that we do everything in our power to provide a safe environment for our students and staff to thrive,” the letter reads.
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Cardona’s letter comes two days after Governor Lee signed Executive Order 84. The order gives parents the ability to opt their child out of mask mandates enacted by school or health boards.
“While local decision-making is important, individual decision-making by a parent on issues regarding the health and well-being of their child is the most important,” Governor Lee said Monday. “No one cares about the health and well-being of a child more than a parent. I am signing an executive order today that allows parents to opt their children out of a school mask mandate if either a school board or health board enacts one over a district.”
According to Governor Lee, the Tennessee Department of Health advised him on the order that has been met with both praise and criticism. At the time Governor Lee announced the controversial order, state data showed that 9,074 school-aged children have tested positive for COVID-19 in the last 14 days.
Gov. Lee responded to the letter Thursday afternoon in tweet, saying: "Regarding the Biden Administration letter: Parents know better than the government what’s best for their children."