Page 2 - Florida Sentinel 8-28-20
P. 2
Feature
FEA Lawsuit:
Judge Rules In Favor Of Schools; State To File Appeal
JUDGE CHARLES DODSON
BY IRIS B. HOLTON Sentinel City Editor
Last week, Leon County Circuit Judge Charles Dodson presided over a law- suit filed by the Florida Educa- tion Association and several other organizations. The law- suit alleged that it was not safe to reopen public school build- ings amid the COVID-19 Pan- demic as ordered by Commissioner Richard Corcoran was unconstitu- tional.
The lawsuit names Gover- nor Ron DeSantis, Com- missioner Richard Corcoran, and the State of Florida.
Commissioner Corco- ran, Director of the Florida
Department of Education had stated that funding would be withheld from all districts that had not re-opened brick and mortar schools by the end of August.
On Monday, Judge Dod- son ruled in favor of the plain- tiffs in the lawsuit. In his 16-page ruling, Judge Dod- son stated, the order issued by the state is, “Unconstitutional to the extent that it arbitrarily disregards safety, denies local school boards' decision-mak- ing with respect to reopening brick and mortar schools, and conditions funding on an ap- proved reopening plan with a start date in August.”
He further said, "Schools should reopen when the local decision-makers determine upon advice of medical experts that it is safe to do so."
A spokesperson for the State of Florida said the state will file an appeal to the judge’s ruling. An appeal means that school districts cannot move to change their re-opening plans for the state of this school year without state permission.
The state filed an intention to appeal the judge’s decision late Monday night.
Attorneys representing the FEA plan to file a motion rein- stating the judge’s ruling.
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