States that ban their public schools from enacting mask mandates could possibly face legal action from the government and total loss of federal education funding.
President Joe Biden has directed the head of the Education Department to "assess all available tools" that can be used against states that block school officials from adopting safety protocols, like mask mandates, to protect kids as cases of the coronavirus continue to rise across the country.
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"This includes using all of his oversight authorities and legal action, if appropriate, against governors who are trying to block and intimidate local school officials and educators," Biden said. "If you aren't going to fight COVID-19, at least get out of the way of everyone else who is trying."
Biden said banning masks in schools sets a "dangerous tone" and will not be tolerated.
"Some politicians are trying to turn public safety measures — that is, children wearing masks in school — into political disputes for their own political gain," Biden said. "The CDC says masks are critical, especially for those who are not yet vaccinated, like our children under the age of 12. So, let's put politics aside. Let's follow the educators and the scientists who know a lot more about how to teach our children and keep them safe than any politician."
In states where school boards have tried to fight back, they've been threatened with actions like withholding funding that pays salaries. Biden said his administration would provide support for any superintendent who stands up to protect children.
"If a governor wants to cut the pay of a hardworking education leader who requires masks in the classroom, the money from the American Rescue Plan can be used to pay that person’s salary — 100 percent," Biden said.
Secretary of Education Miguel Cardona said he would consider using the department's civil rights arm to fight policies in Florida, Texas and other Republican-led states that have blocked schools from requiring masks in the classroom. The argument is that students are entitled by law to a free, appropriate public education, and that banning the widespread use of masks violates that right and amounts to discrimination by preventing students from safely attending school.
Cardona told the New York Times he's "appalled" to see state officials who are putting politics ahead of children and blocking their school districts from adopting science-based strategies designed to protect students.
"At the end of the day, we shouldn't be having this conversation," Cardona told the paper. "What we're dealing with now is negligence."
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In a statement on the Department of Education's website, Cardona explained that the department will investigate complaints from parents and the public about schools that won't allow children to wear masks. He said states that prohibit mask mandates are "needlessly placing students, families and educators at risk."
If the department finds that civil rights have been violated, it could lead to the total loss of federal education funding.
"The department has the authority to investigate any state educational agency whose policies or actions may infringe on the rights of every student to access public education equally," Cardona said. "Let me be clear -- this Department will continue to use every tool in our toolbox to protect the health and safety of students and educators and to maximize in-person learning as the new school year begins."
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