TBA Law Blog


Posted by: Stacey Shrader Joslin on Aug 19, 2021

U.S. Education Secretary Miguel A. Cardona is questioning the legality of Gov. Bill Lee’s executive order that allows parents to opt out of mask mandates imposed by local school districts, News Channel 5 reports. In a letter sent to Lee and Tennessee Education Commissioner Penny Schwinn, Cardona says the order may “infringe upon a school district’s authority to adopt policies to protect students and educators as they develop their safe return to in-person instruction plans required by Federal law.” Federal law responding to COVID requires local educational agencies that receive emergency relief funds to adopt a plan for the safe return to in-person learning. By blocking school districts from "voluntarily adopting science-based strategies," like mask wearing, Lee’s order could limit a district’s ability to adopt a plan for a safe return to the classroom, Cardona says. In related news, the Shelby County Health Department issued a new countywide mask mandate in all indoor public settings for anyone over the age of two, regardless of vaccination status. The order will take effect tomorrow morning and last for at least 30 days, the Commercial Appeal reports.