COLUMBIA, S.C. — South Carolina Education Superintendent Molly Spearman said school districts can now issue mask mandates if they choose, after a federal judge temporarily tossed out a rule banning such requirements.
Spearman sent a letter to districts Wednesday with updated guidance on how schools should handle the enforcement of budget proviso 1.108, which bans schools from enforcing mask mandates.
"The immediate effect of the Court’s order is that both the state and local school districts are prohibited from enforcing Proviso 1.108 and school districts now have the discretionary authority to require masks," Spearman said.
On Tuesday, U.S. District Judge Mary Geiger Lewis issued a temporary restraining order blocking the enforcement of the proviso. She agreed with the people who brought the lawsuit that the proviso discriminates against students with disabilities and underlying health conditions. In her reasoning, Geiger said not enforcing masks made it more likely some of these students would have to pull out of school to avoid getting the virus, thereby denying them equal access to education. She said much like wheelchair ramps are required at all schools, districts must make accommodations so all students can have access to learning.
Spearman said Lewis used "strong language" in saying the proviso barred access to programs and service, and said she strongly suggests districts talk with their lawyers about steps to make these accommodations.
She also said districts that states in their back to school plans that they would not follow the CDC's guidance on masks in schools--citing the proviso as the reason why--need to immediately revise their plans.
South Carolina Attorney General Alan Wilson said he disagrees with the judge's ruling and plans to appeal. Gov. Henry McMaster, whos says masks are a parents' decision, said he's already filed paperwork for that appeal and will take the battle to the U.S. Supreme Court if necessary.