Richland County School District Two: RICHLAND TWO RESPONDS TO TODAY'S SC SUPREME COURT OPINION

Press release from Richland County School District Two:

9/30/2021

Today, September 30, 2021, the South Carolina Supreme Court issued an opinion regarding the petition filed on behalf of Richland School District Two asking for Original Jurisdiction, Expedited Disposition, and Emergency Declaration, and Motion for a Temporary Injunction regarding Appropriations Budget Proviso 1.108 (SDE: Mask Mandate Prohibition). “After consulting with legal counsel regarding today’s S.C. Supreme Court ruling and the ruling issued by U.S. District Judge Mary Geiger Lewis, Administrative Rule ADD The S.C. Supreme Court ruled that Proviso 1.108 is constitutional with regard to using 2021–2022 state appropriated funds to enforce a mask mandate. However, it did not refute that other funds (e.g., federal funding or non-2021–2022 state appropriated funding) could be used.  On Tuesday, September 28, 2021, the United States District Court for the District of South Carolina issued a temporary restraining order and a preliminary injunction prohibiting the enforcement of Proviso 1.108 memorandum to superintendents Dr. Davis said, “Each day I wake up to the reality that there are more than 28,000 students in this school district who rely on us to do what is right to keep them safe and healthy while they are in our care. The face covering requirement is consistent with the district’s practice of following the latest guidance from the CDC, DHEC and SDE regarding mitigating the spread of COVID-19 in schools when not prevented from doing so by state or federal law.” In a meeting held on Tuesday of this week, the Richland Two Board of Trustees voted to adopt a resolution urging the S.C. General Assembly to repeal the Budget Proviso 1.108. Today, Richland Two Board Chair Dr. Teresa Holmes said, “Providing a safe and healthy learning environment for all students is the number one priority for this school district. That is why school board members and district leaders feel so strongly about following the guidance from the CDC that calls for universal indoor masking by all students, staff, teachers, and visitors to K-12 schools. The proviso presents barriers for school district leaders when considering every recommended mitigation measure available for the protection of the health and safety of students and staff.” On August 20, 2021, Carl L. Solomon, Esq., with the Solomon Law Group, and Skyler B. Hutto, Esq., with Williams & Williams, Attorneys at Law, filed a Petition for Original Jurisdiction, Expedited Disposition, and Emergency Declaration, and Motion for a Temporary Injunction with the South Carolina Supreme Court regarding Appropriations Budget Proviso 1.108 (SDE: Mask Mandate Prohibition) on behalf of Richland School District Two. The state Supreme Court heard arguments in the case Tuesday, August 31, 2021 and ruled on the case today. The Solomon Law Group and Williams and Williams have assisted Richland Two with this legal action pro-bono.

This press release was produced by Richland County School District Two. The views expressed here are the author’s own.