Law & Courts

In a Major Ruling on School Masks, Federal Judge Sides With Vulnerable Students

By Evie Blad — November 11, 2021 5 min read
Juliana Ramirez, 8, a third grader, often crawled into her closet to minimize distractions from her younger siblings when Zooming into school during lockdown last year.
  • Save to favorites
  • Print

A federal court’s decision in Texas about masks in schools has heartened parents of medically vulnerable children, restored authority to their school districts, and bolstered arguments made by federal officials as they investigate similar policies around the country.

Texas unfairly discriminated against students with disabilities when Gov. Greg Abbott, a Republican, issued a May executive order that forbid school districts from setting universal mask requirements during the COVID-19 pandemic, U.S. District Judge Lee Yeakel ruled Wednesday. He issued an injunction to prohibit state officials from enforcing the order.

While judges in other states have temporarily put such bans on hold while they consider similar disability rights arguments, the Texas order is the first final ruling in such a case.

“I know what it feels like as a parent of a child with a disability, just to feel like your kid is being acknowledged, that they’re being seen,” said Julia Longoria, one of the parent plaintiffs in the Texas lawsuit. “I feel like last night [when the ruling was issued], the collective voice of children with disabilities was amplified and that we are acknowledged in this pandemic as being affected.”

Parents of students with disabilities around the country have said they’ve walked a tightrope during the pandemic. Some of the same conditions that make in-person learning and academic interventions more necessary for their children—conditions like Down syndrome—also put them at higher risk for severe illness from the virus if their schools don’t take appropriate precautions to limit transmission.

And some children with specific medical vulnerabilities also need support for learning disabilities. That was the case for Longoria’s daughter, Juliana, 8, who attended her San Antonio school remotely during the 2020-21 school year and only returned in person this year after leaders there agreed to require masks in violation of the state order. The 3rd-grader has asthma and attention-deficit/hyperactivity disorder.

Texas Attorney General Ken Paxton, who has sued districts for setting local mask requirements, seemed to leave the door open to an appeal of Wednesday’s ruling before the 5th U.S. Circuit Court of Appeals.

Pandemic conditions—and school mask policies—continue to shift

While disability rights advocates painted Wednesday’s ruling as a victory, it was unclear what practical effects it would have for schools, including some of those attended by the plaintiffs’ children.

As months of litigation have played out in Texas courts, surging case numbers driven by the more-contagious Delta variant of COVID-19 have declined in many parts of the country. Children as young as 5 recently became eligible to be vaccinated, and some school districts around the country have relaxed or ended student mask requirements.

But the Centers for Disease Control and Prevention still recommends universal masking in schools since rates of transmission are considered “high” in 75 percent of U.S. counties.

“It’s premature to lift all your mask mandates,” Dr. Tina Tan, a pediatric infectious disease expert at Lurie Children’s Hospital in Chicago, told Education Week earlier this month. Still, some other public health experts said it may be acceptable to ease requirements in some places.

Some Texas districts already had defied the state on masks in schools

It’s unclear how Texas districts will respond to the latest federal court ruling. Some, like Longoria’s, had already defied the state by setting local face-covering requirements. On the other hand, the Fort Bend school district’s website said Thursday that the school system “strongly recommends” masks, though officials there have not announced any plans to set a formal requirement. The district backtracked on a mask mandate at the beginning of the school year out of concern that it would violate the executive order.

Karina Pichardo, a plaintiff in the case whose daughter, Miranda, has Down syndrome and attends Fort Bend schools remotely, said in a statement that she was “relieved” by the ruling and that it would allow the family to “work with the school directly to make sure accommodations are appropriate to allow her to attend.”

While the political and public health calculus may have changed for some school leaders in recent months, the judge’s ruling will return the decisions about COVID-19 precautions back to the local level, allowing them to have those discussions with concerned parents, said Dustin Rynders, an attorney in the case.

“I expect that local officials will be able to work with families and make local decisions that make sense,” he said. “They can continue listening to science and to parents and continuing to do what’s right.”

That may include requiring classmates of particularly vulnerable students to wear masks in their classrooms, even if there isn’t a schoolwide rule, Rynders said. And it may also include setting new requirements if another contagious variant emerges.

Disability rights advocates argue against bans on school mask mandates

As of Nov. 11, nine states have banned school districts from setting universal mask mandates, according to a tracker maintained by Education Week. Those bans are in effect in four states. In the remaining five states, mask mandate bans have been blocked, suspended, or are not being enforced. Sixteen states and the District of Columbia require masks be worn in schools.

State leaders like Abbott and Florida Gov. Ron DeSantis, a Republican, have questioned the efficacy of masks and said decisions about whether children wear them should be left to parents.

Meanwhile, the U.S. Department of Education’s office for civil rights has opened investigations into Texas and seven other states that have banned school districts from setting universal mask requirements.

Those investigations raise arguments similar to those that underpinned the Texas court case, asserting that states may be in violation of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 by effectively limiting some students’ ability to attend school in person.

Attorneys have compared such state bans to bans on wheelchair-accessible ramps in buildings.

Juliana, Longoria’s daughter, received her first dose of the COVID-19 vaccine this month. Though needles bring her great anxiety, she rolled her sleeve right up and said “let’s go,” her mother said.

And even though the inoculation brings her some sense of comfort, Longoria said she’s not ready to send her daughter to school in unmasked spaces just yet. She wants her to receive both doses of the vaccine first, and she wants to wait until both the CDC and her pediatrician say it’s safe.

“My appeal to anyone who’s listening is ‘Please continue to protect my child,’” she said. “That’s not a political appeal.”

School Mask Mandates at a Glance

This information is no longer being updated. The last data update was on May 23, 2022.

  • MASK MANDATE BAN IN EFFECT


    1. Florida

    On Sept. 22, Florida's surgeon general instituted a rule that gives parents and legal guardians "sole discretion" over masking in schools. On Nov. 5, a judge sided with the state health department in a legal challenge to rule. On Nov. 18, Gov. DeSantis signed a bill that allows parents to sue school districts that require masks.

    2. Georgia

    On March 29, Gov. Kemp signed the “Unmask Georgia Students Act” which allows parents to exempt their child from a school mask requirement. The law went into effect immediately.

    3. Iowa

    On Sept. 13, 2021, a federal judge ordered Iowa to halt enforcement of its law banning mask mandates in schools. On Jan. 25, 2022, a federal appeals panel narrowed that injunction. Iowa’s attorney general announced the state is not enforcing the ban while awaiting further action from the court. On May 16, 2022 a U.S. Court of Appeals lifted the injunction.

    4. Oklahoma

    On Sept. 1, an Oklahoma judge temporarily blocked the state law banning school mask mandates, but students or their parents can still opt out of school mask mandates if they choose.

    5. Utah

    In Utah, local health departments can issue 30-day school mask mandates with approval from the state or county government, according to the state’s top education official.

    6. Virginia

    On Jan. 15, Gov. Youngkin issued an executive order allowing parents to opt their child out of any school mask mandate. It effectively rescinded the state's school mask requirement that had been in place since August. That executive order was later halted by a judge. On Feb. 14, the Virginia legislature passed a measure that bans school mask mandates. That bill was signed by the governor on Feb. 16 and went into effect on March 1.

    MASK MANDATE BAN BLOCKED, SUSPENDED, OR NOT BEING ENFORCED


    1. Arizona

    On Sept. 27, a judge in Arizona blocked the state laws banning mask mandates that were set to take effect on Sept. 29. On Nov. 2, the Arizona Supreme Court upheld that ruling. On April 25, Gov. Ducey signed HB2616, which prevents schools from requiring a student to wear a mask without first getting parental consent. The ban, which replaces the one blocked by the courts, will go into effect 90 days after the legislature adjourns.

    2. Arkansas

    An Arkansas judge ruled on Dec. 29, that a law signed by the governor in April that prohibited local officials, including school boards, from setting mask mandates was unconstitutional. School districts have been able to set their own mask requirements since August when the judge put the law on hold.

    3. South Carolina

    On Sept. 28, a federal judge suspended South Carolina from enforcing the rule that banned school districts from requiring masks for students.

    4. Tennessee
    5. Texas

    On March 17, an appeals court upheld an injunction that blocked Gov. Abbott's executive order banning mask mandates in schools, finding it is unlawful and exceeding the governor's authority. This is not the first time the state's ban has been halted by a judge.

    MASK REQUIREMENT IN EFFECT


    1. Hawaii

    Although Hawaii's state-wide indoor mask mandate ended on March 25, indoor masking will still be required in public schools at least through the summer.

    PREVIOUSLY HAD MASK REQUIREMENT


    1. California

    On Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.

    2. Connecticut

    On Feb. 7, Gov. Lamont announced that the school mask rule would expire Feb. 28. He signed a bill on Feb. 15 that made the expiration date official.

    3. Delaware

    On Feb. 7, Gov. Carney amended his emergency order to allow his state-level school mask requirement to expire March 31. On Feb. 28, he announced that masks would no longer be required effective at 6:00 p.m. on Tuesday, March 1.

    4. District of Columbia

    On March 8, the department of health released updated guidelines that recommend universal masking only when community COVID-19 levels are high.

    5. Illinois

    On Feb. 5, a judge issued a temporary restraining order on the governor's statewide mask requirement. On Feb. 25, the state supreme court vacated that order. On the same day, the governor announced he would lift the requirement on Feb. 28.

    6. Kentucky

    Kentucky's school mask mandate ended in September, when the state legislature voted to limit the governor’s emergency powers.

    7. Louisiana

    According to a State of Emergency proclamation issued Nov. 23, which was extended on Jan. 19, students were required to wear masks in schools, but districts could opt out of the mandate if they adopted an isolation and quarantine policy consistent with the state's department of health protocols. On Feb. 16, Gov. Bel Edwards extended the order without requiring masking in schools.

    8. Maryland

    On Jan. 5, the mask mandate was extended for 180 days, but allowed school districts to opt out if certain vaccination rates were met. On Feb. 22, the state board of education voted to rescind the mandate. On Feb. 25, a state legislative committee gave final approval to lift the mandate effective March 1.

    9. Massachusetts

    On Sept. 27, the state began allowing schools to apply for a waiver from the face covering rules for vaccinated individuals if certain vaccination rates were met. On Feb. 9, officials announced the statewide mask requirement for K-12 schools would be lifted on February 28.

    10. Nevada

    On Feb. 10, Gov. Sisolak announced the immediate suspension of the school mask requirement. The previous mask requirement had only applied to counties with populations of 100,000 people or more.

    11. New Jersey

    On Feb. 7, Gov. Murphy announced plans to end his state’s school-mask requirement on March 7.

    12. New Mexico

    On Feb. 17, Gov. Grisham announced the end of the mask requirement, effective immediately.

    13. New York

    On Jan. 24, a judge struck down the state's mask mandate. A day later, an appeals judge restored the mandate. On Feb. 27, Gov. Hochul announced the mandate would be lifted on March 2.

    14. Oregon

    On Feb. 7, health officials said the state would drop its school mask requirement no later than March 31. On Feb. 24, the Oregon Health Authority announced the requirement would lift on March 19. However, on Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.

    15. Pennsylvania

    A statewide mask mandate for Pennsylvania schoolchildren was thrown out by the state Supreme Court on December 10.

    16. Rhode Island

    On Feb. 9, Gov McKee announced the school mask mandate would only remain in effect until March 4. On Feb. 15, he signed an executive order specifying that the order would take effect at 5 p.m. on March 4.

    17. Virginia

    On Jan. 15, Gov. Youngkin issued an executive order allowing parents to opt their child out of any school mask mandate. It effectively rescinded the state's school mask requirement that had been in place since August. That executive order was later halted by a judge. On Feb. 14, the Virginia legislature passed a measure that bans school mask mandates. That bill was signed by the governor on Feb. 16 and went into effect on March 1.

    18. Washington

    On Feb. 17, Gov. Inslee announced the state's school mask requirement will end effective March 21. However, on Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.

  • NOTES
    In January 2022, the Missouri attorney general, Eric Schmitt, sued some school districts that required masks, citing a November ruling by a county judge that said local health orders tied to COVID-19 were illegal. (The ruling was interpreted differently by different districts.) The state’s treasurer announced he would also crack down on schools with mask mandates. In mid-March, Schmitt began dropping lawsuits against school districts that no longer required masks. On May 19, 2022 Schmitt announced new lawsuits against several districts that had reinstated mask requirements.
    On Feb. 23, 2022, New Hampshire’s governor announced the state was no longer recommending universal indoor masking and therefore schools have to end mask mandates, arguing they violate state education department rules. Soon after, the department advised districts that the mandates “are inconsistent with” their rules. There’s disagreement over whether districts still have the authority to require masks, but at least one district changed its policy in response. A bill that would have banned mask mandates was vetoed by Gov. Sununu in May 2022.
    Updated 5/23/2022 | Sources: Local media reports, Education Week reporting | Learn more here

Events

Special Education Webinar Reading, Dyslexia, and Equity: Best Practices for Addressing a Threefold Challenge
Learn about proven strategies for instruction and intervention that support students with dyslexia.
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
School & District Management Webinar
Leading Systemic Redesign: Strategies from the Field
Learn how your school community can work together to redesign the school system, reengineer instruction, & co-author personalized learning.
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
Personalized Learning Webinar
No Time to Waste: Individualized Instruction Will Drive Change
Targeted support and intervention can boost student achievement. Join us to explore tutoring’s role in accelerating the turnaround. 
Content provided by Varsity Tutors for Schools

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

Law & Courts Georgia Educators Plan to Sue Over the State's 'Divisive Concepts' Law
Georgia's could be the sixth lawsuit to challenge state laws limiting classroom discussion of race and racism.
3 min read
Image of a pending lawsuit.
gesrey/iStock/Getty
Law & Courts As a Skeptical Supreme Court Weighs Race in College Admissions, 'Brown' Looms Large
The cases heard Monday involve Harvard and the University of North Carolina, but a decision could be felt in K-12 education.
8 min read
Members of the NAACP Youth and College division rally outside the U.S. Supreme Court as justices heard oral arguments on two cases on whether colleges and universities can continue to consider race as a factor in admissions decisions Oct. 31, 2022.
Members of the NAACP Youth and College division rally outside the U.S. Supreme Court as justices hear oral arguments on whether colleges and universities can continue to consider race as a factor in admissions.
Francis Chung/E&E News/POLITICO via AP Images
Law & Courts 4 Things to Know About the Affirmative Action Showdown Before the Supreme Court
The justices on Monday weigh the use of race in admissions at Harvard and the University of North Carolina, with K-12 implications.
9 min read
supreme court SOC
Getty
Law & Courts What Do 'Parents' Rights' Mean Legally for Schools, Anyway?
Conservatives rely on century-old U.S. Supreme Court precedents but want to bolster parental rights with a constitutional amendment.
9 min read
A protester holds signs at a Moms for Liberty rally at the state Capitol in Harrisburg, Pa., on Oct. 9, 2021. About 100 people attended the rally to protest mask and vaccine mandates.
A protester holds signs at a Moms for Liberty rally at the state Capitol in Harrisburg, Pa., October 2021 protesting mask and vaccine mandates.
Paul Weaver/Sipa via AP Images