Parents To Get Vouchers To Switch Schools For COVID-19 Bullying

FLORIDA — Parents who feel their students are being bullied for wearing face masks or declining to wear face masks at school this year will be able to apply for a voucher to move their students to another school on the basis of "COVID-19 harassment."

The State Board of Education approved the new emergency rule Friday to protect students from being harassed for their choice to wear or not wear a face mask.

The rule was approved unanimously by the State Board of Education in response to Gov. Ron DeSantis’ executive order last week allowing parents to decide whether to send their students to school with face masks. DeSantis said the order follows the new parental bill of rights approved by the Florida Legislature during the 2021 legislative session.

The education board's decision came the same day the Florida Department of Health issued new protocols saying school districts may impose mask mandates as long as they allow parents to opt out of them.

The state education board's decision to approve the voucher program came at the request of parent groups that said they worried students would be bullied for their use of face masks.

“Giving parents options to make these decisions is not controversial. I’m proud that today we took action to make sure school administrators respect parents’ rights to make educational and health care decisions for their families,” DeSantis said in a statement. “I will continue to fight to protect Florida’s families from government overreach and to preserve their God-given rights.”

The new protocols issued by the DOH say students have the option to wear masks as a preventative measure but give parents and legal guardians the option to opt-out a student from following a school’s mask or face covering requirement.

The protocols include a “non-discrimination” clause that says students whose parents opted them out of a mask requirement cannot be excluded from any school-sponsored activities or isolated for not following the mandate.

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There is also a provision that says fully vaccinated students and asymptomatic students who have tested positive for COVID-19 within the past three months can still attend school and activities.

Parents and legal guardians also must provide written consent before a school can test a minor for COVID-19.

A parent can apply for a voucher, or a Hope scholarship, to transfer a student to another school of their choice in “instances where a child has been subjected to COVID-19 harassment."

The Legislature created the Hope scholarship in 2018 to provide vouchers to students who are being bullied or harassed.

The state has defined “COVID-19 harassment” as “any threatening, discriminatory, insulting or dehumanizing verbal, written or physical conduct an individual student suffers in relation to, or as a result of, school districts protocols for COVID-19, including masking requirement, the separation or isolation of students or COVID-19 testing requirements.”

The rule also says that schools cannot segregate students wearing masks from those not wearing masks, stating “unnecessarily isolating, quarantining or subjecting children to physical COVID-19 constraints in schools poses a threat to developmental upbringing and should not occur absent a heightened showing of an actual illness or serious risk of illness to other students.”

“The governor is committed to protecting the rights of parents to make the best decisions for the wellbeing of their children,” said First Lady Casey DeSantis. “To that end, the Florida Hope Scholarship Program that provides funding for a public school student to transfer to another public or private school in the unfortunate situation where a student has been subjected to bullying, harassment or intimidating treatment at school is in line with parental choice. I commend the State Board of Education for providing clear instruction that a student will be eligible for a Hope Scholarship if COVID-19 related harassment occurs – a proactive step to ensure clarity in our shared commitment to protect the rights of students and families.”

“The health and well-being of our students and educators is of incredible importance, and this rule outlines safety protocols that will allow our children to remain in the school setting,” said Surgeon General Dr. Scott Rivkees.

“From the beginning of the pandemic, Gov. DeSantis has been crystal clear that we need to put the welfare of our children – especially our most vulnerable children – at the forefront of our efforts, while empowering parents by putting them in the driver’s seat to make educational and health care decisions for their family,” said Florida Education Commissioner Richard Corcoran. “These rules help accomplish just that: Protect families’ privacy over health-related decisions and protect students from retribution for those decisions.”

“I very much appreciate the vision and steadfast leadership of Gov. DeSantis throughout this pandemic,” said State Board Chair Tom Grady. “Time and time again, he has made strategic and well-informed decisions to ensure our students continue to receive a world-class education based on data and facts – not fear. We are truly lucky and fortunate to have such a principled governor leading Florida.”

The new rules comes as the state reports a growing number of children contracting the delta variant of the coronavirus, now the dominant variant in Florida, especially children age 11 and under who are not eligible to receive a coronavirus vaccination.

The Florida Department of Health reported 10,785 new COVID-19 infections among children under age 12 between July 23 and 29, an average of 1,540 new cases per day.

Florida also leads the nation in the number of children hospitalized with COVID-19. Florida had 32 pediatric COVID-19 hospitalizations per day between July 24 and 30, according to the Centers for Disease Control and Prevention.

Emergency Rules Approved By The State Board

Emergency Rule 6AER21-01 provides school districts with additional flexibilities to ensure the educational continuity of students by incentivizing districts to ensure a student remains engaged in educational activities while under quarantine for attendance purposes. Quarantine procedures should be surgical and not sweeping because they unquestionably result in student learning loss. The rule provides districts with “peace of mind” in regards to attendance and funding requirements that allow districts to focus on proven and effective COVID-19 mitigation strategies such as keeping sick students home while providing students with a world-class education.

Emergency Rule 6AER21-02 ensures parents know they can transfer their public school student to a private school or to another district in the state if the student has been subjected to harassment due to personal health care choices a family has a right to make for their minor child.

Emergency Rule 64DER21-12 prevents the unnecessary exclusion of students from in-person schooling; safeguards the rights of parents and their children; provides health protocols for symptomatic or COVID-19 positive students; protocols for students who have had direct contact with someone who tests positive for COVID-19; and updates protocols for students who have had prior COVID-19 infections. The rule also requires informed written consent from parents to allow testing of minors in schools.

See related stories:

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• Hospitals Say 88 To 95 Percent Of COVID-19 Patients Unvaccinated