Statewide Teacher Union Files Lawsuit Against DeSantis And Officials To Protect Safety Of Children And School Staff

From the Florida Phoenix:

By Danielle J. Brown
July 20, 2020

The Florida Education Association, with the support of national teacher unions, filed a lawsuit Monday after weeks of backlash and concern about an emergency order requiring brick-and-mortar schools to reopen five days a week this coming school year.

“We have got to do something about this emergency order because it is putting people in peril,” said Florida Education Association president Fedrick Ingram. He also said that the order should be rescinded.

“Our governor and our (state education) commissioner cannot ensure safety that these young people are not going to be spreaders” of COVID-19.

The FEA announced the lawsuit during a virtual news conference on Monday and said in a news release that it was filed in a state circuit court in Miami. In addition to the FEA, the plaintiffs include Broward teacher Stephanie Beth Miller; Ladera Royal, an educator in Orange County; and Mindy Festge, a teacher and parent in Miami-Dade County.

The defendants are listed as Gov. Ron DeSantis, Education Commissioner Richard Corcoran, the Florida Department of Education, the Florida State Board of Education and Miami-Dade County Mayor Carlos Gimenez.

The lawsuit comes after weeks of controversy following an emergency order signed by Corcoran. The order says that “upon reopening in August, all school boards and charter school governing boards must open brick and mortar schools at least five days per week for all students.”

With the new academic year looming, many districts were planning to do alternative instruction, such as in-classroom and online learning.

The lawsuit focuses on the constitutional expectation of Florida to provide a safe learning environment for students, as COVID-19 infections continue to surge.

As of Monday, the Department of Health reported more than 360,000 coronavirus infections, with the largest numbers in Miami-Dade (87,035 cases), Broward (40,976) and Palm Beach (26,426) counties.

“The Florida Constitution is clear: public school onsite instruction and operations must be opened safely,” the lawsuit reads.

“The Florida Constitution mandates ‘[a]dequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools.” (Bold-type text occurs in the copy of the lawsuit.)

“Florida students, parents, teachers, and the public deserve and are constitutionally entitled to the protections needed to assure a lawful and safe reopening.”

The National Education Association (NEA) and American Federation of Teachers (AFT), both national unions, joined in the news conference Monday.

This story was originally published by the Florida Phoenix. For more stories from the Florida Phoenix, visit FloridaPhoenix.com.