Florida Education Association files emergency order against Gov. DeSantis

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In July, Ocala Post reported that Florida’s largest teachers union had filed a lawsuit against Gov. Ron DeSantis to prevent schools from opening.

On Tuesday, the Florida Education Association filed an emergency injunction against Gov. DeSantis and the Florida Department of Education. In the new court documents, it states that the Florida Department of Education’s requirements to open schools will inevitably lead to “severe and irreparable human consequences.”

Additionally, the plaintiffs argue that FDOE requirements and requiring brick and mortar schools to reopen violate the Florida Constitution.

“More specifically, Plaintiffs seek a declaratory judgment that Emergency Order No.
2020-EO-06 of the state Education Commissioner, which mandates the opening of brick and mortar schools in Florida in August 2020, violates Article IX, § 1 of the Florida Constitution, which mandates “[a]dequate provision shall be made by law for a uniform, efficient, safe, secure, and high-quality system of free public schools.” Plaintiffs also seek a declaratory judgment that the Education Commissioner’s directive to open brick and mortar schools is arbitrary and capricious, and thus a violation of due process.”

Attorneys for the state’s largest teacher’s union are scheduled Wednesday to have a hearing with a judge via Zoom to demand the delay of the start of in-person classes.

You can view the court documents here.