Parents of Duval and Alachua Students File Petition Regarding School Board Mask Policies



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GAINESVILLE, Florida – Parents of students attending schools in Duval and Alachua counties have filed an emergency petition, asking for changes to their school board’s mask policies and quarantine procedures.

According to the petition, the petitioners seek a court order “requiring that the Superintendent [Carlee] Simon and SBAC [School Board of Alachua County], and superintendent [Diana] Greene and SBDC [School Board of Duval County], to comply with [of Health] Emergency rule, especially as parents can opt out of school board mask policies at the sole discretion of parents and allow parents to send their healthy (non-symptomatic) children to school at their own discretion. “

The petition says the Florida Constitution guarantees parents the right to a high quality education that is “burdened, if not outright frustrated, by illegal school board policies.” It further states that the Declaration of Parents’ Rights, which was promulgated this year, “guarantees parents the fundamental right to make decisions about the health care of their own children.”

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Parents in Duval and Alachua counties say they want to decide whether their children wear masks at school. And they filed a lawsuit challenging their district’s rules.
Parents in Duval and Alachua counties say they want to decide whether their children wear masks at school. And they filed a lawsuit challenging their district’s rules.

Since October 1, public schools in Duval County have required students to cover their faces, unless the student’s parent or guardian submitted a medical withdrawal form. This form must be signed by a physician, registered nurse or registered therapist / counselor. The same goes for opt-out forms for students attending Alachua County schools.

According to the law firm, the health ministry’s rules also allow parents of healthy children who do not have symptoms to have their children in school despite contact tracing. He says Alachua County’s policy, revised Oct. 1, requires children without symptoms to stay home for several days until they provide a negative test result.

The Alachua County Public Schools website notes stay-at-home exceptions for close contact, particularly a student who was within three to six feet of a student with COVID-19 in a classroom is not considered close contact and will not be directed to staying at home if both students regularly and correctly wore masks.

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Duval County Public School Protocols require students to self-quarantine based on whether or not they have symptoms of COVID-19. Children who do not have symptoms can attend school at the discretion of their parents.

Tracy Pierce, of Duval County Public Schools, said DCPS could not comment on the pending litigation.

Attorney Jeff Childers, lead counsel in the case, notes that the petition was filed urgently and hopes the courts will act quickly.

Here is a copy of the document:

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