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2021 Op. Fla. Att'y Gen. [1] (2021)

handle is hein.sag/sagfl0112 and id is 1 raw text is: Florida Attorney General Advisory Legal Opinion Number: AGO 2021-01 Date: September 1, 2021 Subject: School boards - effect of statutes and regulations Leonard J. Dietzen, Ill Board Attorney Suwannee County School District 1740 Ohio Avenue, South Live Oak, FL 32064 Dear Mr. Dietzen, This office has received your inquiry on behalf of the Suwannee County School District (the District), asking substantially the following question: Whether Article IX, Section 4(b) of the Florida Constitution authorizes a school board to depart from (1) state law, or (2) emergency rules handed down by the Florida Department of Health dealing with communicable diseases, if that school board believes the laws or rules are invalid. In sum: The District must comply with applicable statutes and regulations unless and until the judiciary declares them invalid. Background Facts In your submittal letter, you explain that the Florida Department of Health has, by emergency rule, required that parents be able to op-out of mask requirements in public schools, see R. 64DER21-12, consistent with the Parents' Bill of Rights, codified in Sections 1014.01-06, Florida Statutes, and Executive Order 21-175. You indicate that the District has made the wearing of masks by students while in school optional, but that the Suwannee County community is not unanimous, that there has been some dissent, and that you are aware of multiple school boards that have implemented policies that would appear to take positions that may be contrary to these legal authorities. You therefore inquire whether the District must follow Florida law as written, or whether it can selectively enforce it if the District believes the relevant legal authorities are invalid. Notably, while you say that there is pending litigation regarding the validity of the underlying legal authorities, there does not appear to be pending litigation on the question whether school districts must comply with those authorities pending such litigation. Analysis

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