Blog

Your Education Road Map

Politics K-12®

ESSA. Congress. State chiefs. School spending. Elections. Education Week reporters keep watch on education policy and politics in the nation’s capital and in the states. Read more from this blog.

Federal

Biden Administration to Treat Masks in Schools as a Civil Rights Issue

By Evie Blad — August 18, 2021 4 min read
First Lady Jill Biden and Education Secretary Miguel Cardona tour Benjamin Franklin Elementary School, in Meriden, Ct., on March 3, 2021.
  • Save to favorites
  • Print

The Biden administration stands ready to investigate civil rights complaints from families concerned that restrictions on masking in schools violate their children’s rights to a free and appropriate public education, U.S. Education Secretary of Education Miguel Cardona said Wednesday.

The statement came the same day as a memorandum from President Joe Biden that directs the U.S. Department of Education to “use all available tools to ensure that governors and other officials are providing a safe return to in-person learning for the nation’s children.”

“This isn’t about politics,” Biden said in a White House address Wednesday afternoon. “It’s about keeping our children safe. It’s about taking on the virus together, united. I’ve made it clear that I will stand with those who are trying to do the right thing.”

The Education Department’s office for civil rights may take action if state policies mean that children with medical vulnerabilities, like respiratory illnesses or weakened immune systems cannot safely attend school during the COVID-19 pandemic, Cardona said in a blog post.

“The Department will also receive and respond as appropriate to complaints from the public, including parents, guardians, and others about students who may experience discrimination as a result of states not allowing local school districts to reduce virus transmission risk through masking requirements and other mitigation measures,” he wrote.

The assertion comes as the Biden administration takes an increasingly aggressive posture toward states that have prohibited school districts from setting universal mask mandates. Many of the nine states that prohibit such requirements also have surging virus cases and hospitalizations due to low vaccination rates and the spread of the more-contagious Delta variant of COVID-19.

“These states are needlessly placing students, families, and educators at risk,” Cardona wrote.

Cardona wrote to Republican governors and education commissioners in Florida and Texas last week, warning them that federal officials would bypass the states and work directly with districts to implement mask requirements. He said districts that face state financial penalties for requiring masks could backfill those financial losses with federal COVID-19 aid if it was necessary to keep students safe. He sent similar letters to leaders in Arizona, Iowa, Oklahoma, South Carolina, Tennessee, and Utah Wednesday.

Masks have become a contentious issue for state and local education officials.

Biden said state leaders set a “dangerous tone” when they took an aggressive posture toward school leaders who favored mask rules. He highlighted a viral video of protesters outside of a Tennessee school board meeting last week threatening doctors and nurses who had testified in favor of face coverings.

His memo directed the Education Department “to assess all available tools” to encourage safe school reopenings, including “whether to take steps toward the initiation of possible enforcement actions under applicable laws.”

“Our priority must be the safety of students, families, educators, and staff in our school communities,” the memo said. “Nothing should interfere with this goal.”

Calls for masks in schools

The Centers for Disease Control and Prevention has repeatedly stressed that schools should open for in-person learning this year, but officials have called for “layered mitigation” strategies, including masks and proper ventilation, to help reduce risk. The agency revised its recommendations to schools in July to call for universal mask-wearing in schools, even among those who are vaccinated. The CDC had previously said vaccinated students may not need to wear masks, but it cited emerging research about the Delta variant to support its reversal.

Masks help prevent the wearer from contracting the virus and, worn universally, slow spread among populations, case studies have found. So, while parents and politicians who oppose mask mandates call them an issue of personal freedom, supporters of such requirements say widespread use is necessary to keep students safe.

Under Section 504 of the Rehabilitation Act of 1973, schools are obligated to accommodate the needs of students with disabilities to ensure they have access to a free and appropriate public education, commonly known as FAPE. Complaints about inadequate virus protections may be investigated under that law.

The Biden directive came as 14 Texas students with disabilities like cerebral palsy and asthma sued Gov. Greg Abbott to call for an end on the state’s ban on local mask mandates, the Austin American-Statesman reported. Tying districts’ hands on masking creates a dangerous environment for vulnerable students, who are more likely to grow severely ill from the virus, creating an “unlawful barrier,” they argued.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Attend to the Whole Child: Non-Academic Factors within MTSS
Learn strategies for proactively identifying and addressing non-academic barriers to student success within an MTSS framework.
Content provided by Renaissance
Classroom Technology K-12 Essentials Forum How to Teach Digital & Media Literacy in the Age of AI
Join this free event to dig into crucial questions about how to help students build a foundation of digital literacy.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal What Works Clearinghouse: Inside 20 Years of Education Evaluation
After two decades of the What Works Clearinghouse, research experts look to the future.
4 min read
Blue concept image of research - promo
iStock/Getty
Federal One of Kamala Harris' First Campaign Speeches Will Be to Teachers
Vice President Kamala Harris will speak to the nation's second-largest teachers' union at its convention in Houston.
1 min read
Vice President Kamala Harris campaigns for President as the presumptive Democratic candidate during an event at West Allis Central High School, Tuesday, July 23, 2024, in West Allis, Wis.
Vice President Kamala Harris campaigns during an event at West Allis Central High School in West Allis, Wis., on Tuesday, July 23, 2024. Harris will speak at the American Federation of Teachers convention on Thursday, July 25.
Kayla Wolf/AP
Federal AFT's Randi Weingarten on Kamala Harris: 'She Has a Record of Fighting for Us'
The union head's call to support Kamala Harris is one sign of Democratic support coalescing around the vice president.
5 min read
Randi Weingarten, president of the American Federation of Teachers, speaks at the organization's annual conference in Houston on July 22, 2024.
Randi Weingarten, president of the American Federation of Teachers, speaks at the organization's biennial conference in Houston on July 22, 2024. She called on union members to support Vice President Kamala Harris the day after President Joe Biden ended his reelection campaign.
via AFT Livestream
Federal Biden Drops Out of Race and Endorses Kamala Harris to Lead the Democratic Ticket
The president's endorsement of Harris makes the vice president the most likely nominee for the Democrats.
3 min read
President Joe Biden speaks at a news conference July 11, 2024, on the final day of the NATO summit in Washington.
President Joe Biden speaks at a news conference July 11, 2024, on the final day of the NATO summit in Washington. He announced Sunday that he was dropping out of the 2024 presidential race and endorsing Vice President Kamala Harris as his replacement for the Democratic nomination.
Jacquelyn Martin/AP