Schools have “discretionary authority” to require masks

The state superintendent of education says a federal court ruling yesterday has the effect of giving school districts “discretionary authority” to require masks.  Superintendent Spearman sent a memorandum today to district superintendents which, in part, read:  “In its order, the Court used strong language to share grave concerns about barriers to meaningful access to in-person education, programs, services, and activities for students with disabilities.  The South Carolina Department of Education (SCDE) previously issued a memorandum dated August 18, 2021, addressing the relevant requirements of the Individuals with Disabilities Act (IDEA), Title II, and Section 504.  In light of the Court’s ruling, the SCDE strongly suggests schools and districts consult with their legal counsel on actionable steps that may need to be taken to make reasonable accommodations for students with disabilities under these federal laws.”  Spokeswoman Jennifer Dodd for Oconee schools said, “We will release a statement before the end of the day.”