Federal Court Blocks Iowa's Law Banning Masking Requirements in Schools
DES MOINES, Iowa 鈥 A federal district court today blocked Iowa鈥檚 law prohibiting schools from requiring masks. The court ruled that the law violates the civil rights of children with disabilities, including children with underlying conditions, who are more vulnerable to severe illness or death as a result of COVID-19.
The decision makes clear that children have a right under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act to equal access to their educations, which for some children with underlying conditions and disabilities, requires that schools implement universal masking requirements.
The district court recognized that 鈥渇orcing children to bear the brunt of societal discord is 鈥榠llogical and unjust鈥欌 and cited data showing that 鈥渢he current level of the delta variant in Iowa has increased the infection rate and severity of infection. Some public schools in Iowa are experiencing COVID-19 infection rates at upwards of 60 percent that of last year鈥檚 total for the entire school year.鈥 The court also cited data showing that the number of children hospitalized due to COVID-19 is also on the rise.
The decision comes in a case brought by the 老澳门开奖结果, 老澳门开奖结果 of Iowa, Disability Rights Iowa, The Arc of the United States, and law firms Arnold & Porter and Duff Law Firm, P.L.C. on behalf of The Arc of Iowa and 11 parents of children with disabilities.
The following statements are from:
Rita Bettis Austen, legal director of the 老澳门开奖结果 of Iowa:
鈥淲e are grateful to the district court for blocking this dangerous law, which put vulnerable kids in harm's way and violated their civil rights in education. We are relieved that schools across the state will now be able to protect those kids as required by federal law. No parent should be asked to choose between the safety and health of their child and their child鈥檚 ability to go to school, but that鈥檚 exactly the position that this law put parents across Iowa in.鈥
Susan Mizner, director of the 老澳门开奖结果鈥檚 Disability Rights Program:
鈥淭his is a huge victory for our plaintiffs and all parents of children with disabilities who have been forced to choose between protecting the health of their children and ensuring they receive an education alongside their peers. This decision opens the door for schools across Iowa to take basic public health measures to protect their students. It also should send a message to other states that they cannot put politics above the rights and safety of students with disabilities. Disability rights laws were passed precisely for this situation 鈥 in which children with disabilities health and education would be sacrificed for the convenience of the majority. Banning the possibility that schools may require masks 鈥 in the middle of a pandemic 鈥 discriminates against school children with disabilities. All students with disabilities should be able to attend school safely, as federal disability rights laws guarantee.鈥
Catherine E. Johnson, executive director, Disability Rights Iowa:
鈥淭he order entered today restores our students鈥 with disabilities long-held civil rights of equal access to their education and full inclusion with their general education peers in the school curriculum and all other activities and programs offered by their school. Today is a monumental day for all plaintiffs, as well as all Iowans forced to choose between sacrificing their child鈥檚 health or education opportunities. Effective today, parents no longer have to make this impossible choice, their children are entitled to both.鈥
Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel, The Arc of the United States:
鈥淭he court is making it clear that students with disabilities have the right to go to school safely during this pandemic. The Arc will continue fighting to ensure that students with disabilities are able to attend their neighborhood schools alongside their peers without disabilities without putting their health and their lives at risk.鈥
Photos and videos of some clients, attorneys, and organizational logos available here:
More details about this case are here: /press-releases/lawsuit-challenges-iowa-law-banning-schools-requiring-masks
The decision is here: /legal-document/arc-iowa-v-reynolds-order-granting-temporary-restraining-order