Biden administration investigates five states that ban mask mandates in schools

The federal government announced Monday it is investigating five states’ bans on mandates requiring all students to wear masks in school. The Office of Civil Rights of the Department of Education is exploring whether states’ actions discriminate against students with disabilities by keeping those with a high risk of getting Covid infections from attending schools in person.

“The Department will fight to protect every student’s right to access in-person learning safely and the rights of local educators to put in place policies that allow all students to return to the classroom full-time in-person safely this fall,”  U.S.Education Secretary Miguel Cardona said in a statement.

The five states under investigation are Iowa, Oklahoma, South Carolina, Tennessee and Utah. The department said it is not investigating other states with bans on universal indoor masking where court rulings and other issues have stopped states from enforcing their bans. These include Arizona, Florida, Texas and Arkansas.

The department said it will explore whether states are violating federal laws that prevent discrimination against students with disabilities and which guarantee students with disabilities the right to a free and appropriate education with other students.

President Joe Biden had promised to intercede in states whose governors and legislators had prevented mask mandates in public schools. Investigating potential violations of federal protections for students with disabilities provided a strategy to do that.

The New York Times reported that education superintendents in Oklahoma and South Carolina, who have opposed their states’ bans on universal masking, issued statements supporting the federal investigations.

Becky Pringle, president of the National Education Association, also praised the federal inquiries. “Schools need to be able to help ensure the safety of all students, educators, and their families. Prohibiting mask mandates flies in the face of science, public health, and common sense,” she said in a statement.