The Office of the Department of Education for Civil Rights opened investigations in five states with regard to the prohibitions of the universal inner mask August 30, 2021 Contact: Press Office, (202) 401-1576,
  • Today, the Office of the Department of Education EE. UU. for civil rights (OCR) opened investigations aimed in five states exploring whether state bans on universal inner masking discriminate against students with disabilities who are at increased risk of severe disease COVID-19 prevent access to the safely education in person.

    "The department has listened to parents across the country, especially parents of students with disabilities and with underlying medical conditions, about how state bans on universal inner masking are risking their children and preventing them from accessing learning in person, "said secretary of the United States. Edu cation miguel cardona. "It is simply unacceptable that state leaders are putting politics on health and education of students who took an oath to serve. The department will fight to protect the right of every student to have access to education in person unless and rights local educators to put policies in place to enable all students return to the classroom full time in person this fall safely. "

    OCR sent letters today to officers of the head of school of the state of Iowa, Oklahoma, Carolina of the South, Tennessee and Utah, describing how bans universal inner masking prevent school districts to implement health and safety policies that determine are necessary to protect students from exposure to COVID-19, including those with underlying medical conditions related to their disability. He worries that restrictions OCR state mask in schools and school districts "may be preventing schools ... to fulfill their legal obligations not to discriminate on the basis of disability and provide equitable educational opportunity for students with disabilities who have an increased risk of severe disease COVID -19, "the letter states.

    OCR has not opened investigations in Florida, Texas, Arkansas or Arizona because the prohibitions of States in the universal inner masking is not currently being implemented as a result of court orders or other state actions. Because of these resolutions and actions, districts should be able to implement universal inner masking in schools to protect the health and safety of students and staff. However, the department will continue to closely monitor states and is prepared to take action if state leaders prevent schools or local districts to implement universal inner masking or decisions of existing courts would be reversed.

    The research will explore the performance of each state with Section 504 of the Rehabilitation Act of 1973 (Section 504), which is a federal law that protects students with disabilities from discrimination based on their disability. Section 504 guarantees qualified students with disabilities the right to a free appropriate public education in primary and secondary school, commonly known as FAPE. This includes the right of students with disabilities to receive their education in regular educational environment along with their nondisabled peers to the maximum extent appropriate for your needs.

    The research will also explore whether state bans on universal Masquerading indoors violates Title II of the Americans with Disabilities Act of 1990, which prohibits disability discrimination by public entities, including systems and institutions of public education. OCR regional offices begin to collect data from each State Education Agency as part of direct research in the coming weeks.

    During the investigation, OCR is a neutral factor data, collecting and analyzing relevant evidence of the State Educ.


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