The U.S. Department of Education has started investigations in five states—Iowa, Oklahoma, South Carolina, Tennessee and Utah—because those states have rules that ban students from wearing masks at school. Officials say the bans may break the Americans with Disabilities Act, which protects children who have health problems that make them more likely to get very sick from COVID‑19. President Biden’s administration says the bans are about politics, while supporters say families should be free to choose whether to wear a mask. Some states, like Tennessee, let parents “opt out” of mask rules, and lawsuits have already been filed against those policies. Health experts warn that COVID cases in children are rising and that schools need strong safety plans to protect all students.
- mask
- Definition: A face covering that some states prohibit or require in schools to reduce COVID‑19 transmission.
- Example: The Department of Education opened investigations into states that ban masks in schools.
- investigation
- Definition: The official inquiry by the Office for Civil Rights into whether states are violating federal law regarding mask policies.
- Example: The investigation will focus on students with disabilities at heightened risk for severe illness.
- ADA
- Definition: The Americans With Disabilities Act, a 1990 law that bans discrimination against people with disabilities in education.
- Example: States could be in violation of the ADA for restricting mask use for vulnerable students.
- quarantine
- Definition: A health measure that separates individuals who may have been exposed to COVID‑19 to prevent further spread.
- Example: Robin Lake said school systems should have had strong quarantine plans months ago.
- oath
- Definition: The formal promise made by officials to serve the health and education of students.
- Example: Miguel Cardona said leaders are putting politics over the health of students they took an oath to serve.
- Which state is NOT mentioned as one of the five under investigation for banning face coverings?
- Iowa
- Oklahoma
- South Carolina
- Nevada
- Which federal law does Suzanne Goldberg cite as potentially being violated by preventing certain students from returning to in-person education?
- Americans With Disabilities Act
- Individuals with Disabilities Education Act
- Civil Rights Act of 1964
- Rehabilitation Act of 1973
- What did the Florida court rule on August 27 regarding mask requirements?
- School systems may require masks despite the governor’s order.
- Governors must enforce mask mandates in all schools.
- Parents can opt out of mask requirements for their children.
- All mask mandates in Florida are permanently banned.
- According to the CDC study, how did parental support for full‑time in‑person schooling change after the July 27 guidance?
- It fell from 58 % to 43 %.
- It increased from 43 % to 58 %.
- It remained steady at 58 %.
- It remained steady at 43 %.
- Who is identified as the director of the Center for Reinventing Public Education?
- Robin Lake
- Miguel Cardona
- Dr. Rochelle Walensky
- Dan Novak
- Do you think states should let parents decide whether children wear masks in school? Why or why not?
- Have you ever experienced a rule about health or safety that changed while you were in school? How did it affect you?
- Why might the Department of Education think that banning masks could break the Americans With Disabilities Act?
- What could happen if schools ignore the CDC’s recommendation that everyone wear masks?
- Which is more important: protecting public health or respecting personal freedom in schools? Explain your view.
- Should the federal government step in when a state law conflicts with the ADA? Why or why not?
- Imagine you are a student in a state that bans masks. Write a short dialogue between you and a teacher about staying safe.
- If a safe COVID‑19 vaccine for children aged 5‑11 became available tomorrow, how might schools change their mask policies?
- What do you think about the claim that masks hurt children’s ability to learn and communicate?
- How might the recent rise in COVID cases among children influence future education policies?
US Opens Investigation into School Mask Bans
The Department of Education Office for Civil Rights has opened investigations into five states that ban face coverings, or masks. The states are Iowa, Oklahoma, South Carolina, Tennessee and Utah.
Suzanne Goldberg is the department’s assistant secretary for civil rights. She informed the states of the investigation, saying that they could be in violation of the Americans With Disabilities Act, or ADA. The 1990 law bans discrimination against people with disabilities and requires that children with disabilities receive a fair education.
Goldberg said in a letter that the “investigation will focus on whether … students with disabilities who are at heightened risk for severe illness from COVID-19 are prevented from safely returning to in-person education, in violation of Federal law.”
Uneven requirements among the states
The administration of President Joe Biden has said it would fight back against efforts by Republican state lawmakers to prevent mask mandates in schools. Those against the requirements say it is a matter of personal freedom. They argue that it should be up to parents and individuals to decide.
In the state of Tennessee, Republican Governor Bill Lee signed an executive order on August 16 letting parents “ opt out” of any requirement that children wear masks in school. Two legal actions have since been filed against the order including one saying that it violates the ADA.
Four other states, Arizona, Arkansas, Florida and Texas, have also passed laws or signed executive orders banning mask mandates in schools. But the states are not currently under investigation because court orders have blocked the bans.
In Florida, a court ruled on August 27 that school systems may go against the governor’s order and require students to wear masks. Florida Governor Ron DeSantis has said that wearing masks should be up to parents, and not the government. He has also suggested that wearing masks hurts kids’ ability to learn and communicate. The Florida Department of Education said they would appeal the court’s ruling.
Sara Lee is a mother of two 10-year-old children attending school in Florida’s Leon County. She said her children do not mind wearing masks at all.
“In fact, I pick them up and I’m like, ‘You can take your mask off now,’ ” Lee said.
A question of health or politics
Dr. Rochelle Walensky is director of the U.S. Centers for Disease Control and Prevention, or CDC. At a briefing on COVID-19 on July 27, she told reporters, “Children should return to full-time in-person learning in the fall with proper prevention strategy in place.”
Walensky recommended that all students, teachers, workers and visitors wear a mask in schools. The recommendation is in effect for both unvaccinated and vaccinated people.
A recent CDC study says since the health agency updated its guidelines on mask-wearing, parents have gotten more worried about schools opening up in person. Before July 27, 58 percent of parents asked said they wanted their children attending school in person full time. But after the new guidance, that number fell to 43 percent.
Meanwhile, COVID infections among children have increased by five times over the past month, says the American Academy of Pediatrics. Children under 12 are currently unable to get COVID vaccinations. And children with certain disabilities and health problems are at greater risk of severe coronavirus infection and death.
Vaccine makers Pfizer-BioNTech and Moderna say they are developing a vaccine safe for children aged 5 to 11.
A school system in Texas closed recently until after the Labor Day holiday when two of its teachers died of COVID-19.
Robin Lake is the director of the Center for Reinventing Public Education. The organization has researched schools’ reopening plans and coronavirus prevention policies.
“Our school systems should have had strong safety and quarantine plans in place months ago,” Lake said on Twitter. “Anyone watching the science should have known fall reopening was going to be very difficult.”
Miguel Cardona is the U.S. Secretary of Education. He said in a statement that it is “simply unacceptable that state leaders are putting politics over the health and education of the students they took an oath to serve.”
I’m Dan Novak.
Dan Novak wrote this story for Learning English with additional reporting from the Associated Press. Hai Do was the editor.
