SC schools can make students wear masks after judge blocks ban, superintendent says
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COVID-19 mask news in Midlands schools
Curious to learn what local schools are doing about face masks as COVID-19 rises in South Carolina? Here’s a roundup of the latest updates from elementary schools to universities around the state.
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South Carolina school districts are now free to require that students wear masks in school to help slow the spread of COVID-19, the state’s education chief said in a letter to districts Wednesday.
Superintendent Molly Spearman’s guidance comes after a federal judge Tuesday temporarily blocked the state’s one-year law aimed at preventing school districts from using state dollars to mandate masks inside school buildings.
In her order, Judge Mary Geiger Lewis said the provision included in this year’s budget discriminates against children with disabilities and is in violation of the Americans with Disabilities Act and other federal laws.
“It is noncontroversial that children need to go to school,” Lewis wrote. “And, they are entitled to any reasonable accommodation that allows them to do so. No one can reasonably argue that it is an undue burden to wear a mask to accommodate a child with disabilities.”
In part of her ruling, Lewis likened a mask mandate in schools to ramps that allow children with mobility-related disabilities to access school buildings.
Because the judge ruled it would be discriminatory not to allow for mask mandates, the budget measure cannot be enforced. And, as part of Spearman’s guidance, school districts which got money from the federal COVID-19 aid also have to have plans for a “safe return to in-person instruction” that addresses the Centers for Disease Control and Prevention’s recommendations for limiting the spread of COVID-19, which includes universal mask wearing.
“In its order, the court used strong language to share grave concerns about barriers to meaningful access to in-person education, programs, services and activities for students with disabilities,” said Spearman, who, unlike some elected officials, supported giving local school boards authority to make their own decisions.
Any districts that referenced the one-year measure as reason to not follow federal masking recommendations, ”will need to revise their plans immediately as a result of the court’s order,” Spearman added.
Republican Attorney General Alan Wilson said Wednesday he plans to appeal.
Gov. Henry McMaster’s spokesman Brian Symmes said Tuesday the governor will fight the case all the way to the United States Supreme Court if necessary.
“I completely disagree with a federal judge temporarily blocking parents from choosing if their child should wear a mask in school,” McMaster tweeted Wednesday. ”We have already filed a notice of appeal and will take this fight to the U.S. Supreme Court if necessary.”
Budget measure sparks lawsuit
Last month, the American Civil Liberties Union filed the lawsuit on behalf of Disability Rights South Carolina, Able South Carolina and a group of parents with disabled children.
It argued banning mask requirements can lead to children who are particularly susceptible to severe illness from COVID-19 being excluded from public schools.
The lawsuit named Spearman, McMaster, Wilson and several school boards as defendants.
The U.S. Department of Education also has opened an investigation into South Carolina and whether its mask rule violates the civil rights of students with disabilities who are at heightened risk for severe illness caused by COVID-19.
State Rep. Stewart Jones, R-Laurens, the chief architect behind the controversial budget measure, compared the decision to when a federal court initially struck down the signature requirement on absentee ballots amid the COVID-19 pandemic.
Last year, the state Democratic Party sought to have the signature requirement removed from absentee mail-in ballots to limit how much voters needed to interact with others. But the U.S. Supreme Court later reinstated the signature requirement.
Jones called Lewis’ ruling baseless and the judge’s mask to ramp comparison “ridiculous.”
“I think the argument made absolutely no sense,” Jones said. “It’s a very political move, what they’ve done.”
“I’m sorry to all the parents out there, and all the people that this continues to cause chaos with,” Jones added. ”I’m not telling anybody not to wear a mask, not to get a vaccine. What I’m saying is that parents need to be able to make those decisions. No child should be forced to wear a mask.”
Will more districts switch to masks after ruling?
Whether more school district leaders will switch their school mask policies after the judge’s ruling remains to be seen.
The city of Columbia had already implemented a citywide mask mandate which applies to schools. Richland County followed suit, and Lexington 2 and the Charleston County School District have mask requirements for students of their own.
But in the Midlands, one district, Lexington Richland 5, is defying the county’s rule.
Meanwhile, a lawsuit filed by Richland 2 has a case pending in the state Supreme Court seeking to throw out the budget provision. The court originally upheld the measure when it struck down a previous city mask rule.
However, Richland 2 on Wednesday announced a mask mandate in the school district would go into effect on Thursday.
In Lexington 1, masks remain optional while the districts reviews Tuesday’s ruling.
“However, we strongly encourage our students and staff to wear masks while our community remains in high spread,” spokeswoman Megan Moore said.
Horry County Schools Board Chairman Ken Richardson said the district will seek legal guidance on its next steps.
And the Greenville County Schools Board has a meeting Thursday to discuss whether to take the step of mandating masks.
Spokesman Tim Waller said Wednesday, similar to other districts, Greenville has had to quarantine a high number of students.
Luckily, however, Waller said the number of students who are testing positive is lower than last school year.
“Our general counsel will lay out the options,” Waller said. “What does this temporary restraining order mean? What are the likely challenges that will happen to it? Is it a done deal, or are there other steps to go through? They will hear a good legal discussion of what it all means. That does not necessarily mean any action is planned.”
This story was originally published September 29, 2021 at 12:21 PM with the headline "SC schools can make students wear masks after judge blocks ban, superintendent says."
