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SheltieLover

(57,073 posts) Tue Aug 31, 2021, 10:32 PM Aug 2021

Law professor explains how the battle between local, state, federal government over masking in schoo

https://www.localmemphis.com/mobile/article/news/education/law-professor-explains-how-the-battle-between-local-state-federal-government-over-masking-in-schools-is-unusual/522-aa8e72de-71d3-41d4-b3a8-5c2251f6f810

The Department of Education is investigating Tennessee and four other states over banned or limited mask requirements in school.

MEMPHIS, Tenn — The battle over masks in schools in Tennessee was at first between school districts and the state, but now the U.S. Department of Education is getting involved. Tensions are escalating with the Biden administration and Republican states, including the Volunteer State. The subject? Mask wearing in schools. Governor Bill Lee’s order gives parents an opt-out option, but the government is stressing that federal money districts received required them to keep schools COVID safe.

“There’s a plausible argument that there’s state interference with the local government’s receipt of federal funds under the American Rescue Plan Act,” said University of Memphis law professor Steven Mulroy.

That means Governor Lee’s executive opt-out order on masks in schools is preempted by federal law. The Department of Education sent a letter to the governor and Tennessee education Commissioner Penny Schwinn. In it, the department reasons that Lee’s order could be discriminatory against students with disabilities or health conditions and a school environment without mandatory masking could be risky for kids with underlying health conditions or weak immune systems.

More at link.