President Joe Biden on Wednesday instructed the Department of Education to intervene in states where Republican governors have barred COVID-19 mitigation strategies in schools, decrying efforts to “block and intimidate local school officials and educators” from implementing public health and safety measures.


What You Need To Know

  • President Joe Biden on Wednesday instructed the Department of Education to intervene in states where Republican governors have barred COVID-19 mitigation strategies in schools

  • Under Biden’s directive, education secretary Miguel Cardona can now launch investigations and take legal action against the governors

  • Biden also said that funds from the American Rescue Plan can be used to pay for the salaries of educators and staff potentially laid off or whose compensation was withheld for defying mandates against mask-wearing in classrooms

  • The Federal Emergency Management Agency (FEMA) is also reimbursing states and school districts for the complete cost of mitigation strategies associated with safe school reopenings

It’s the latest-back-and-forth between the federal government and state lawmakers over school mask mandates as many students and teachers returned to classrooms this Monday. 

A number of Republican governors, including Texas’ Greg Abbott and Florida’s Ron DeSantis, have banned school districts from implementing mask mandates in schools, even threatening to withhold money for districts that do not give parents the choice on whether to mask their children. 

Meanwhile, the U.S. Centers for Disease Control and Prevention recommends universal masking for all teachers, staff, students and visitors in K-12 schools, regardless of vaccination status. The guidance is particularly important for children under the age of 12, who are not yet eligible to get a COVID-19 vaccine.

“Unfortunately, as we have seen throughout this pandemic, some politicians are trying to turn public safety measures — children wearing masks and schools —  into political disputes for their own political gain. Some are even trying to take power away from local educators by banning masks and schools,” Biden said during a Wednesday evening speech from the White House, adding: “They are setting a dangerous tone.”

The week started on a tumultuous note for several school districts in Texas, after the state Supreme Court halted mask requirements that county leaders in Dallas and San Antonio put in place. Some school districts defied the order, citing the soaring COVID-19 cases and hospitalizations across the state, which have reached the highest levels since January.

Texas on Wednesday levied its first sanctions against Alachua and Broward counties for defying the order, and while the punishment has not yet been determined, an official for the state’s Education Department said they could range from withholding the salaries of certain teachers and school employees to termination.

Under Biden’s directive, education secretary Miguel Cardona can now launch investigations and take legal action against the governors.

“We are not going to sit by as governors try to block and intimidate educators protecting our children,” Biden said, adding that funds from the American Rescue Plan can be used to pay for the salaries of educators and staff potentially laid off or whose compensation was withheld.

The Federal Emergency Management Agency (FEMA) is also reimbursing states and school districts for the complete cost of mitigation strategies associated with safe school reopenings. 

In a statement issued late Wednesday evening, Cardona said his office has the right to “investigate any state educational agency whose policies or actions may infringe on the rights of every student to access public education equally.”

So far, Cardona’s office has sent letters to governors of Arizona, Florida, Iowa, Oklahoma, South Carolina, Tennessee, Texas and Utah warning them of potential repercussions should they not reverse their positions on mask mandates in schools. 

The White House says these states might be infringing on the rights of students by not offering a “safe” return to the classroom, a federal requirement should states want to receive their allocated Elementary and Secondary School Emergency Relief funds in the American Rescue Plan.   

The Associated Press contributed to this report.