Judge vacates stay in school reopening lawsuit

Published: Aug. 27, 2020 at 1:23 PM EDT
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TALLAHASSEE, Fla. (WCTV) - A judge has vacated the state’s automatic stay in the Florida Education Association’s lawsuit against the governor on reopening schools. Thursday’s ruling allows Florida school boards to determine when it’s safe to reopen brick and mortar schools, without the fear of losing state funding.

The court order says the state “drastically misstate[d] what the temporary injunction order did and did not do,” saying the court doesn’t have the authority to issue an order to keep schools statewide closed.

“What the order did, for the reasons stated, is required that local school districts be given authority under their individual circumstances to open or close the local schools, based on local conditions,” court documents say.

The judge ruled the emergency order requiring schools to reopen in August unconstitutional earlier this week and reiterated why in the decision to lift the stay.

“Potential irreparable injury will be suffered by hundreds of thousands of school children, many teachers, and the community at large if the temporary injunction order is stayed,” court documents say.

The order pointed out that teachers are resigning or retiring due to the risk of being exposed to coronavirus.

“The record reflects that medical determinations must be made at the local level to determine if and when it is safe to reopen a county’s brick and mortar schools,” the order says.

The state is expected to appeal this decision.

You can read the judge’s full order below or at this link:

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