A Florida appeals court has ruled that public schools can remain open.
The ruling by the First District Court of Appeal came in a lawsuit by teachers who challenged the state’s school reopening order, the Orlando Sentinel reported.
It required public schools to reopen in August, offering in-person education five days a week. Online instruction could also be offered but wouldn’t receive full state funding unless the in-person requirement were also met, the Sentinel reported.
District Court Judge Charles Dodson agreed with the teachers, ruling that the reopening order was unsafe and took away the power of local school boards to decide whether to reopen.
“The order is unconstitutional to the extent it arbitrarily disregards safety, denies local school boards decision making with respect to opening brick-and-mortar schools, and conditions funding on an approved reopening plan with a start date in August,” wrote Dodson of Leon County Circuit Court, the Sentinel reported.
The state immediately appealed.
The First District Court of Appeal put the lower court order on hold while the case is on appeal, saying the state will likely win the case. It said the the lower court decision “caused confusion and uncertainty for students, parents and teachers,” the Sentinel said.
The Florida Education Association (FEA) vowed to continue the case.
“We are going to keep fighting because lives are at stake,” FEA President Fedrick Ingram said in a statement. “This is not about closing schools or opening schools. This is about allowing local districts to do what is best to protect local families.”
Cheryl Etters, spokeswoman for the Florida Department of Education, declined to comment on the appeal court decision.
“We are not commenting on pending litigation,” she told the Florida Record in an email.
Florida Education Commissioner Richard Corcoran called the appeal court ruling “a great decision” and the lawsuit “frivolous,” the Sentinel reported.