VIEWPOINT  / WHO IS IN CHARGE OF OUR SCHOOLS? 
By W. Timothy Weaver, Ph.D.
The matter of who determines whether local school districts can mandate masks in Florida schools is of great interest to educational policy researchers, including yours truly. Who has the authority to mandate, or prohibit mandates of mask wearing Pre-K through 12? Who can hire and fire local superintendents? Does the state possess any legal authority over local school boards and superintendents other than withholding funding? Is withholding funding to achieve a political aim within the legal authority of a governor or state school superintendent? Put differently, can a governor order the state education superintendent to fire or withhold funds from local districts, local superintendents and school authorities for what appear to be political, not educational or health reasons?
In the end, do local taxpayers have primacy over state taxpayers when it comes to the local schools, which those taxes support. That is to say, is it up to the local taxing authority and the providers of services those local taxes support to make decisions at the local level regarding the health and safety of the children attending school in that locale, or is it up to the state? Ordinarily, one expects to see the GOP on the side of local control. Government closer to the people is better government. Isn’t that the hallmark of Republicanism in the United States? However, in Texas and Florida we see a new kind of Republicanism. The further away government is from the people, the better is the government. I will be watching the litigation underway from these disputes. It should be very interesting.
Upon reviewing Florida State Law regarding hiring, firing, paying or suspending payment of school managers (superintendents, principals, deputies and assistants), the sole power for such decisions rests with the local school board. I’ve not been able to find anything in state law that would authorize the state school superintendent to fire, suspend, withhold pay or otherwise directly punish a superintendent or other school personnel for making a decision to require masks for personnel and students. Nor, do

I see a basis for withholding local school funds equivalent to the salaries of such personnel.
There may be something in the statute I missed or misunderstood but I saw nothing that would support the governor of Florida and his state school superintendent in their efforts force compliance with a governor’s executive order by withholding funds equal to the pay of a local superintendent. The executive order in question may be reviewed here:
The law the governor is using to support this order is Section 1003.22(3) mandating the Florida Department of Health in consultation with the Florida Department of Education governing the control of preventable communicable diseases. See the following link:
The order inserts HB 241, the Parent’s Bill of Rights, and asserts that parents rights must be part of the rules issued by the Florida Department of Health. In reviewing 1003.22 (3) and remaining sections, I find no provision to withhold state funding to force compliance with the statute. Incidentally, the statute covers immunizations for communicable diseases which are specified. COVID-19 is not among those diseases. The Health Department would have to undergo a lengthy process of issuing new and different rules regard SARS-Cov-2 vaccinations, masks and social distancing.
I fearlessly forecast that Desantis cannot now and will not be able in the near future to enforce his executive order, which appears to be based upon questionable facts and science. A group of plaintiffs has taken the governor’s order to court. 27 Florida families presented their case to Leon County Circuit Judge John Cooper, who oversees the Second Circuit Court in Florida. I would expect the plaintiffs to prevail. If they do not, the precedent is set for the state to take over control of Florida’s local school districts. If that does not frighten Republicans and Conservatives, nothing ever will.
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