Feds Add Florida to List of States Under Investigation Over Restrictions on Mask Mandates
Blog

Your Education Road Map

Politics K-12

Politics K-12 kept watch on education policy and politics in the nation’s capital and in the states. This blog is no longer being updated, but you can continue to explore these issues on edweek.org by visiting our related topic pages: Federal, States.

Federal

Feds Add Florida to List of States Under Investigation Over Restrictions on Mask Mandates

By Andrew Ujifusa — September 10, 2021 3 min read
Surrounded by lawmakers, Florida Gov.Ron DeSantis speaks at the end of a legislative session on April 30, 2021, in Tallahassee, Fla.
  • Save to favorites
  • Print

The U.S. Department of Education has added Florida to the list of states it is investigating for prohibiting local school districts from adopting universal mask mandates or undercutting those mandates.

The Education Department informed the state in a Sept. 10 letter that its office for civil rights has opened a directed investigation into the Florida education department over state policy that allows parents to opt out of district mask mandates.

The Biden administration “is concerned that Florida’s policy requiring public schools and school districts to allow parents to opt their children out of mask mandates may be preventing schools in Florida from meeting their legal obligations not to discriminate based on disability and from providing an equal educational opportunity to students with disabilities who are at heightened risk of severe illness from COVID-19,” acting Assistant Secretary for Civil Rights Suzanne Goldberg wrote to Florida Education Commissioner Corcoran.

The probes will determine whether the state is in violation of Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973, which requires schools to provide a free and adequate public education to students with disabilities.

The Biden administration opened similar probes into five other states—Iowa, Oklahoma, South Carolina, Tennessee, and Utah—at the end of August. At that time, the administration held off on opening investigations into Florida, as well as Arizona, Arkansas, and Texas, because those states chose to suspend such bans, or because of ongoing legal action.

The new Florida investigation promises to ratchet up divisions between the Biden administration and several states over COVID-19 mitigation measures in schools. Whether schools should require masks in schools has become a burning national political issue this school year. Fights over mask mandates have reached a boiling point, and the anger has at least occasionally spilled over onto school campuses.

Over the summer, the Centers for Disease Control and Prevention advised K-12 leaders in controversial guidance to require universal masking in schools. But several state leaders, led by Republican governors, have countered that parents should not be told by the federal government that their children must wear masks. Florida Gov. Ron DeSantis, a Republican, has been one of the most outspoken and prominent public officials in opposition to mask mandates. In an August statement, Corcoran said Florida would “fight to protect parent’s rights to make health care decisions for their children.”

The same day that the Education Department notified Florida about the civil rights probe, the 1st District Court of Appeal effectively reinstated the state’s restrictions on local mask mandates after a different judge had previously halted enforcement of the state’s policy.

The Biden administration is intensifying and diversifying its efforts to control the pandemic.

On Thursday, President Joe Biden renewed his push to get teachers vaccinated and to ramp up coronavirus testing in schools. His plan includes elements that could mandate such measures even in some states that don’t currently require them. In a speech, Biden said that vaccine mandates work and that they are supported by school officials and unions.

Biden’s Education Department also announced a new grant program designed to help offset financial penalties on districts that defy state bans on mitigation measures like masks; Corcoran said in August that his agency had withheld the monthly salaries from school board members in two Florida counties that have required universal masking.

A version of this news article first appeared in the Politics K-12 blog.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
Better Tools, Not More: What Educators Say About Teaching and Technology
Optimism is up. AI use is rising. Coherence is the next challenge. Hear what the 2026 Educator Confidence Report reveals about the field.
Content provided by HMH
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
The Relationship Advantage for Attendance, Engagement, and Achievement
Relationship-building goes beyond back-to-school. Get practical ideas from district leaders and educators to strengthen student connections.
School & District Management Webinar EdMarketer Quick Hit: Build Campaigns That Engage K-12 Leaders
We’ll share what’s resonating with Education Week’s K-12 audience based on user behavior across platforms and other proprietary data.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Q&A A Top Democrat Breaks Down His Party's Plans for K-12 in a House Majority
If Democrats retake the House, Rep. Bobby Scott may be in a position to set his chamber’s K-12 agenda.
5 min read
Rep. Bobby Scott, D-Va., speaks during a prayer vigil held by the Chesapeake Coalition of Black Pastors at The Mount (Mount Lebanon Baptist Church) in Chesapeake, Va., Sunday, Nov. 27, 2022, for the six people killed at a Walmart in Chesapeake, Va., when a manager opened fire with a handgun before an employee meeting Tuesday night.
Rep. Bobby Scott, D-Va., speaks during a prayer vigil in Chesapeake, Va., on Nov. 27, 2022. Scott is the ranking Democrat on the U.S. House of Representatives' education committee and will seek the panel's chairmanship if Democrats win a House majority in next month's elections.
Carolyn Kaster/AP
Federal What a Democratic Congress Could Mean for Trump's K-12 Agenda
They may try to reverse—or at least investigate—the Trump admin.'s efforts to dismantle the Ed. Dept.
9 min read
House Minority Leader Hakeem Jeffries, D-N.Y., the top Democrat in the Republican-majority House, is joined by Rep. Pete Aguilar, D-Calif., chair of the House Democratic Caucus, as they criticize President Donald Trump and his policies while talking to reporters about the approaching midterm election, at the Capitol in Washington, Thursday, Sept. 17, 2026.
House Democratic Leader Hakeem Jeffries speaks at the U.S. Capitol on Sept. 17, 2026. He's joined by Rep. Pete Aguilar, D-Calif., who chairs the House Democratic Caucus. If Democrats gain a majority of either chamber of Congress after next month's elections, they'll be able to hold oversight hearings on and launch investigations into the dismantling of the U.S. Department of Education.
J. Scott Applewhite/AP
Federal The Future of Education Research: More Partisan and Largely Left to States?
As Trump administration works to change federal grants, outside researchers try to regroup.
6 min read
Image of file folders with tabs called "funding" "grants" "projects" and a blank note paper paperclipped to the outside.
Collage by Laura Baker/Education Week + Getty
Federal Bipartisan Bill in Congress Would Help Schools Put Cellphone Bans or Restrictions in Place
The bill would establish a federal grant program to support state efforts to restrict cellphones.
5 min read
Sen. Tom Cotton, R-Ark., the chairman of the Senate Intelligence Committee, center, is joined from left by Sen. John Barrasso, R-Wyo., the GOP whip, and Senate Majority Leader John Thune, R-S.D., as he speaks to reporters ahead of a Wednesday meeting with President Donald Trump, at the Capitol in Washington, Tuesday, June 23, 2026. (AP Photo/J. Scott Applewhite) Senate Minority Leader Chuck Schumer, D-N.Y., speaks to reporters at the Capitol in Washington, Tuesday, June 23, 2026.
Sen. Tom Cotton, R-Ark., speaks to reporters ahead of a meeting with President Donald Trump at the Capitol in Washington on June 23, 2026. Cotton is one of the sponsors of a bipartisan bill that would create a grant program for states to implement school cellphone bans or restrictions.
J. Scott Applewhite/AP