TALLAHASSEE, Fla. – On the day Florida reported the death of an eighth child with complications of COVID-19 -- a 6-year-old girl from Hillsborough County -- a Tallahassee judge was hearing closing arguments in a lawsuit over whether children going back into classrooms poses a threat to not only themselves but the community.
An hour after the Department of Health’s announcement, lawyers for the state’s largest teachers union urged Circuit Judge Charles Dobson to keep Florida classrooms from opening.
“Our most precious human value, our children -- packing them into a disease factory,” Florida Education Association attorney Kendall Coffey said.
This comes after 18 hours of testimony over the past two days. A biology teacher testified that he was being forced to go back to work despite a statement from Gov. Ron DeSantis to the contrary.
“What happens to that teacher then?” Dobson asked.
"I think that teacher can take medical leave under the Florida medical leave act," replied David Wells, attorney for the Department of Education.
“Unpaid medical leave, right?” Dobson asked.
“I don’t think there’s any question, your honor,” Wells said.
The Department of Education order opening classrooms does provide for local control, but Hillsborough County was told it would lose millions in lost state revenue if it delayed opening past Aug. 31.
“The day-to-day decisions to open or close a school must always rest locally,” Dobson said.
“And even though they say there should be local input and local control, that’s not happening. And they’ve essentially held hostage local school boards to ensure they open by August 31st,” said Billy Wieland, an attorney representing parents and teachers in the case.
The union wants the judge to invalidate the July order that requires classrooms to open by the end of the month. If he were to agree, that control would then go back to local districts without fear of losing money.
The state argues it is already too late. Dozens of school districts have already opened and students returned in Duval County on Thursday. Another dozen districts -- including Clay, Columbia, Flagler, Nassau and Putnam counties -- are slated to open next week and 10 more on Aug. 31.
“The schools have reopened and the remainder are reopening,” Wells said.
Dobson also took notice that local health departments have refused to offer guidance on classrooms reopening. He is expected to rule early next week.
If he rules against the state and it appeals, the ruling would automatically be put on hold. If he rules against the teachers and union, there is no automatic stay.