Florida’s teacher unions have sued Gov. Ron DeSantis today, calling a state order to open schools to in-person instruction as the coronavirus surges “unsafe” and in violation of the state Constitution’s requirement that schools are operated safely.
Corcoran on July 6 issued an executive order requiring all school districts to reopen brick-and-mortar schools at least five days a week beginning next month, unless state and local health officials direct otherwise. At the time, President Donald Trump was pressuring the nation’s governors to reopen schools in the fall.
“The Emergency Order and efforts by the State Government Defendants to pressure premature physical reopening of brick and mortar schools no matter the health costs, will cause further spread of the virus to Plaintiffs, their families, and the general public,” the suit states. “Despite the public statements that the decision is up to the local school boards, their current actions and threats indicate otherwise. Many superintendents fear the loss of millions of dollars in state funding if they do not follow the Emergency Order’s mandate. Some school board members fear removal if they do not follow the Emergency Order’s mandate.”
The suit also charges that the governor’s emergency order fails to account for “unique local circumstances, resources and health data.” And it characterizes the governor’s order as an unfunded mandate, or what amounts to “arbitrary and capricious demands on public schools,” without appropriate dollars to ensure the order is followed safely.
“To reopen all Florida schools before it’s safe is reckless. It is unreasonable. It is unnecessary, and it is a false choice to either keep schools closed and stop learning or to open them unsafely,” Florida Education President Fedrick Ingram said during a conference call with reporters on Monday.
The lawsuit was filed in circuit court in Miami by the Florida Education Association, Broward County teacher Stephanie Beth Miller, and Mindy Festge, a teacher and parent in Miami-Dade County, and Ladera Roya, an Orange County educator. Miller, 53, spent three weeks in a medically induced coma battling Covid-19.
The suit was filed on a day when Florida recorded 10,347 new Covid-19 cases, the sixth day in a row that the state has exceeded 10,000 cases and the 10th in the last 11 days. Flagler County added 10 new cases today, after a record 38 new cases the day before and ending last week with 157 new cases, by far a record since the pandemic began in early February, with a positivity rate of 10.6 percent–three times the level the local health department considers safe for large gatherings to resume.
Ten people have died of Covid-19 in Flagler County, including three last week. The figure includes two non-residents.
Last week the Centers for Disease Control published the largest study to date analyzing the effects of Covid-19 on schoolchildren. The study centered on the monitoring of 59,073 contacts of 5,706 Covid patients and concluded that while the risk of infection in children 9 years old and younger is low (but not anywhere near zero), the risk of infection for older children, and for transmission to adults, is equal to that of adults.
Flagler County is on course to open its schools as scheduled, on Aug. 10, wit three options for students and families, two of them entailing remote instruction, one in-person option. The so-called Option 3 allows students to follow their normal courses but from home, through a streamed system.
Superintendent Cathy Mittelstadt submitted the plan earlier this month after a district task force prepared the reopening plan. The task force included the leadership of the local teachers union and its service employees’ union. Its members consulted Bob Snyder, Flagler County’s health department chief.
“I’m glad the school district has three options now, I really like that Option 3,” Snyder said today: he favors keeping more students at home. “It’ll just help that maybe we can get lucky here and have a good option at home if mom and dad can swing it.”
But there’s been resistance from school staff. “I have been providing input, asking questions, suggesting ideas, pushing back on areas where we have concerns,” Katie Hansen, president of the Flagler County Education Association, told the membership in an email last week. “FCEA will continue to be your voice throughout this crisis.”
Hansen last week also drafted an email to Mittelstadt listing 15 questions raised by the membership, “suggesting ideas, pushing back on areas where we have concerns.” The email preceded bargaining sessions to ensure that working conditions are addressed. The outcome of those sessions is not clear. (Hansen did not return repeated calls.) The questions addressed mask requirements (the district currently is encouraging, but not requiring, masks), the district’s response plan in case students or employees test positive for the virus, open house events, cleaning, lunch and lockdown protocols, and so on.
“I saw that the District is encouraging parents to drive their students to school rather than take the bus,” went one question affecting students, teachers and parents. “This, however, exacerbates the already existing issues with our car rider lines. Typically there are issues with crowding children into a single location (hallway, cafeteria, gym, etc) to corral the students until their car rider number is called. Have the schools or the District thought about how we will address this issue – especially with potentially even MORE students using this method to travel to and from school?”
Corcoran and DeSantis, a close ally of the president, have steadfastly backed the return to in-person instruction, citing concerns that children are being harmed socially and academically by not being in a classroom.
“We don’t want folks to fall behind and we really, really want to focus on the best interest of those students and give parents the maximum amount of choices,” DeSantis said during a press conference in Orlando on Monday.
Amid pushback from parents, teachers and school officials, the Republican governor has tried to distance himself from Corcoran’s order.
“First of all, I didn’t give any executive order, that was the Department of Education. They have a board and they do different things. My view is that we have to work together and I want to work with all the school districts,” DeSantis, who recommended Corcoran to lead the Department of Education, said Monday.
The State Board of Education, however, was not consulted before the order was released, board member Michael Olenick said during a meeting last week. Corcoran on Friday said DeSantis signed off on the emergency order prior to its rollout earlier this month.
The lawsuit filed in Miami-Dade circuit court on Monday alleges that the order violates the state Constitution, which guarantees Floridians the right to “safe” and “secure” public education.
“Tragically, Florida, is now an international epicenter of the lethal and unforgiving novel coronavirus,” the plaintiffs’ lawyers wrote. “Florida students, parents, teachers, and the public deserve and are constitutionally entitled to the protections needed to assure a lawful and safe reopening.”
“Of course, I want to go back to teaching, but it needs to be safe,” Miller, the Broward teacher who was in a coma for three weeks, told reporters during Monday’s conference call.
Corcoran argued that his order is designed to give families “the choice to decide what works best for the health and safety of their children and family.”
The order gives parents the flexibility to choose whether to have their children return to school campuses, which were shuttered in March after the pandemic hit the state, or continue to learn from home, Corcoran said in a prepared statement provided after the lawsuit was filed.
The education commissioner added that funding for school districts could be jeopardized if the union’s complaint is successful.
“The FEA frequently states that schools are underfunded, and if this frivolous, reckless lawsuit, succeeds it will eliminate these funding guarantees — completely contradicting their normal outcry,” Corcoran said Monday.
Ingram, however, disagreed.
“We believe that if this lawsuit is successful, it will actually give some latitude to our districts to be even more creative. If you don’t have the brick-and-mortar option, then you can think out of the box,” Ingram said. “You’re not searching for teachers and paraprofessionals who will go into those schools.”
The lawsuit — which names DeSantis, Corcoran, state education officials and Miami-Dade County Mayor Carlos Gimenez as defendants — asks the court to rescind the state order, require state education officials to implement an online instruction plan “aimed at all children,” and “make internet connectivity and computer devices available to all students.”
The plaintiffs also want the court to order all schools to “take all necessary measures to protect students and staff and minimize Covid-19 transmission, prior to the reopening of brick-and-mortar schools. The lawsuit asks that schools be supplied with “adequate personal protective equipment” for students and employees. And the legal challenge requests that schools “install hand-sanitizing stations; “add plexiglass shields where necessary;” reduce class sizes; and “increase school clinic capabilities.”
School districts have until the end of the month to submit their reopening plans to the state Department of Education for approval.
Kendall Coffey, an attorney who represents the plaintiffs, told reporters that the court needs to issue an injunction blocking the order before it’s “too late” and schools are forced to reopen.
“If students, teachers, educators and workers in education are rushed back into school without the safety precautions in place, the damage that’s done will be irreparable and potentially, in many cases, fatal,” he said.
–FlaglerLive and News Service of Florida
- Since the City of Palm Coast has implemented a requirement to wear face masks, does that change the District’s expectation from “highly encouraged” to mandatory?
- Does the District have a completely fleshed out plan for response to the following potential incidents:
- A student comes to school with a fever
- A student tests positive for COVID
- An employee tests positive for COVID
- Are schools still planning to host “Meet the Teacher” or “Open House” events despite potentially exposing staff to hundreds of additional people?
- We have had an ongoing issue with a lack of substitutes to cover classes where teachers are absent, particularly in our Title I schools. What is the District’s plan to ensure that all classes are covered (and additional students are not placed into other teachers’ classes)?
- Since there is a higher chance of a teacher having to be absent from school with little notice (particularly if they self-check and have a temperature in the morning), I believe that we need to encourage teachers to develop more detailed and lengthy emergency substitute plans. Our ask is that administration provide time during pre-planning for teachers to accomplish this task.
- Will teachers be expected to clean classrooms/touchpoints between classes of students? Will those materials be provided for teachers?
- Has the District developed a plan for staffing the additional positions within iFlagler with the increase in enrollment? Has the District considered or developed a plan for transitioning those teachers back to their home schools following a decrease in enrollment in iFlagler?
- Is the District still considering some type of blended model for secondary students? I would like to continue to be a part of that conversation as it impacts teachers and their working conditions. Additionally, if we are not considering any type of blended model for elementary, what additional safety precautions are we putting in place to protect those students and employees?
- Is the District planning for students to eat lunch in classrooms? If so, what is the District’s intent in regards to language in the Collective Bargaining Agreement that provides teachers with a 30 minute duty free lunch?
- Has the District developed a specific budget in relation to how the CARES money will be spent in Flagler? If so, please share that document with FCEA.
- Has the District discussed any type of additional safety precautions or plans for those employees who are more high-risk, either due to underlying conditions (of themselves or someone in their home) or advanced age?
- Has there been an official decision from the District to schools in reference to holding all meetings (i.e. faculty, grade level, PLC, etc) via Zoom to limit face-to-face interactions?
- Will the schools still be completing lockdown and/or fire drills? Our concern with specifically the lockdown drills is that we are forced to place all of our students in a very small space together, certainly not adhering to socially distancing guidelines.
- I saw that the District is encouraging parents to drive their students to school rather than take the bus. This, however, exacerbates the already existing issues with our car rider lines. Typically there are issues with crowding children into a single location (hallway, cafeteria, gym, etc) to corral the students until their car rider number is called. Have the schools or the District thought about how we will address this issue – especially with potentially even MORE students using this method to travel to and from school?
- Will any of the elementary schools still be using a teaming concept for teaching or will this be eliminated to reduce transitions at the elementary level? All of the elementary schools last year had 2 or 6 teacher teams for students in grades 4th-6th.
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Stan says
We need a stay at home order for flagler county residents asap! Close schools, close buisnesses, and put curfew in place immediatly!
seriously dude says
Yeah, that’s the answer, I say unless you have a farm and a electrical generating plant in your backyard, you will be the first crying for Publix to open up.
Jp says
That’s not a valid comparison. You’re in publix for maybe an hour moving around. You’re in school for 6 to 8 hours stationary. With kids. Keep em safe. Remote learning is just fine for most.
Lance Carroll says
With no disrespect to parents of students, elected school board members, educators, faculty, school volunteers, and the unbiased judges, deciding this crucial matter, I can and will “swing it.” I suggest that all other parents, of students, prepare themselves to “swing it” too.
Respectfully submitted,
Lance Carroll
Jimbo99 says
Wow, that didn’t take long, the Guarantee culture looking for someone else to pick up the tab for other’s children and come up with a solution for Coronavirus & school re-openings. I can already see this is going to increase school taxation across the board. Sooner or later the parents need to pay for their children. The solution isn’t to build new schools, individual bubbles for each student. The schools provide a work environment with a certain standard, take it or leave it. There are no guarantees, don’t wanna be a teacher & exposed, then like anyone else go find another career that meets the workplace safety standards & test. Schools & their staffs can’t expect their workplace to be any safer than Wal-Mart or Hone Depot, Starbucks or any restaurant they frequent. And what if the education staff’s homes are where it originates as the common location one asymptomatic carrier spread the next start of a school level pandemic at the very least ? If there wasn’t any virus concerns before this is no different. In the long run, we probably build natural immunities to Coronavirus like many have for flu, colds, etc. ?
MRC says
Build natural immunity? Tell that to the hundreds of thousands of people and their families who have already died! Yeah, right!
Bill says
I guess you missed the point or when it was said “in the long run”. Life is not safe from the minute we are born it has risks. We can NOT bubble wrap LIFE as so many wish to take away any risk.
Jonathan says
See simple things will happen here.
They’re gonna lose. Plain simple.
Parents want their kids back in school so they can be social, help their mental and physical health instead of being locked indoors. Also it’s way too late to just change it and anyways many families have stated if their kids are told to do another year of online or online until further notice, their dropping their kids out of school because so many kids failed the quarter alone when we are under lockdown. I know multiple kids in summer school or being held back right now because of it.
JD says
No, you don’t know any kids that were held back because of the fourth quarter. They failed because of the first three.
MRC says
Your comments are untrue and unfounded. Many students are engaged in online learning and have been for years, have graduated from high school, attended college and are now very successful in life. I suggest that your friends don’t want to go through the effort to ensure that their kids stay engaged and are motivated. Simply leaving kids to their own devices in regard to learning will never fly. Guess what? Parents need to be actively involved! Parents now days just want to send their kids off to school and let someone else deal with it. Lazy, uninvolved, could care less. After all, educators are overpaid and have no skills to speak of! Ha! Start being a real parent, grow up, and adapt. We are moving into a new reality. Your children, which you elected to have, are YOUR responsibility.
Jonathan says
There’s a part to your claim that all kids can do online school and be fine. Kids need different learning types, some need hands on, some can do virtual, some need notes and help from peers. You raise kids to go to freshman year of highschool to then yank them into online isn’t gonna help them, they’ll fail. Teachers went through loads of issues as is working with Zoom and other learning tools for online learning just in the 4th quarter, not just an entire school year. Anyways, you want to online teach your kids, ya got the option. Some parents want their kids actually social, not locked in a room doing online work only texting friends because parents are paranoid their friend has COVID. Teachers and adults have learned everyone needs a certain way of learning, you can’t force a kid to learn a way and think they’ll just pass. Also, I’m not a parent, I’m a student, and I do have multiple friends in summer school due to just the 4th quarter, I barely passed 4th quarter because I’m a hands on learner, not a video learner. Many of my friends need to do trial and error and learn on in person work than online.
Another thing, wanna trust a guy who says they’re a pro mechanic or constructionworker and only learned off online school or someone that’s done it hands on and got an in person degree from working hands on with tools? I think I know who I’d trust.
Motherworry says
Very well said!
But, you expect parents to actually parent and to take responsibility for their children? The have been treating the public school like a tax payer funded daycare for years. Heck you have folks here comparing schools to Walmart. I can see why though, teachers aren’t paid much more than Walmart employees.
Jim O says
The big difference here… Walmart employees are essential and Teachers are desperately trying not to be. That’s correct, the Publix bagger is essential and Teachers are not. Humm …..
MRC says
Yeah! I only pray that the courts have the sense to keep the schools closed for the safety of us all. As a retired educator, I can tell you that the environment and the change in ALL procedures and the enormous cost of implementing safety procedures in all situations is completely unfeasible considering the lack of funding for schools in general. And what about the constant testing that staff will need? And what happens when parents start suing school districts for exposing their children to the virus or for not implementing more stringent rules? I can envision one teacher being more factitious following the rules while another taking the easy way out. What about requirements for masks? Who is going to pay for thousands of masks that will be required for students who “lose” their masks, can’t afford one, etc. And what about the idiot “no maskers” parents who will demand that their children do not have to wear masks? Believe me, they will be out there endangering their children and telling their children not to comply, getting in the face of staff, and creating a very dangerous situation. All I can say is that the our so called “leaders” are insane!!! Everything they are doing is unsafe and untenable. I only pray that the courts will hastily squash the states attempt to create a whole host of problems.
Mike Cocchiola says
This is more than a teacher issue. It is a parent, grandparent, sibling, friend, neighbor and coworker issue.
If the classrooms are not safe, and the funds to make them safe are not available, schools should delay reopening on August 10 and alternative methods for education, however less desirable, must be used. The more we develop and use alternative methods of education the more adept teachers and students will get. It’s amazing how necessity drives innovation and change.
Rx says
Good. There’s zero plan for the safety of everyone at these schools. But hey after Sandy Hook we’ve proven time and again America simply doesn’t care if children die.
CB from PC says
Teachers unwilling to return to class have had enough time to find an alternative employment choice.
The COVID-19 risk will always be there.
In class or be replaced.
Mike says
I can be very thankful that your opinion has no merit, authority, or power.
CB from PC says
Based on your comment in your opinion it is acceptable to further delay education of students, increase financial hardship on working parents who must pay for daycare, and provide paychecks to school personnel until school reopen.
That sure is a plan with some “merit”.
John says
It is really sad that both of these two have to be sued by the teachers union because they are spineless. Trump has lost control of this pandemic and it is obvious that the politicians are making this pandemic all about politics instead of doing what is right for our citizens. Of course, our Governor lacks moral courage and is afraid of losing funds if he stands up to Trump and delays the opening of schools in Florida.
TD1 says
Of course , where’s the detailed plan to do this back to school properly ?
Of course people are upset , all trump or DeSantis said was we are going to open up .
Where’s the detailed plan guys ?
Bill says
Of course the UNION wants schools closed they are NOT their for the kids or their parents.