florida education covid-19 federalism local-authorities
Does precedent support Florida School district local officials deciding public interest health decisions?
<p><a href="https://abcnews.go.com/US/florida-school-districts-refuse-mask-opt-students/story?id=79364585&amp;cid=clicksource_4380645_1_heads_hero_live_hero_hed" rel="nofollow noreferrer">Florida has the highest number of confirmed pediatric hospitalizations</a> from the virus, according to data from the Centers for Disease Control and Prevention and the Department of Health and Human Services.</p>
<p>DeSantis press secretary Christina Pushaw, “The State Board of Education could move to withhold the salary of the district superintendent or school board members, as a narrowly tailored means to address the decision-makers who led to the violation of law.”</p>
<p>While it would seem that much of this is posturing and saber-rattaling.  If financial pressures were applied as said, is there precedent that would enable locals to prevail and reverse said action?</p>

<p>The relationship between a school board and the other state officials is purely a matter of state law.</p>
<p>Generally speaking, a state can impose generally applicable regulations that govern public school districts, and to a lesser extent, so can the federal government.</p>
<p>Whether this particular remedy is available in Florida would depend upon the relevant statutes. But, I very much doubt that this particular tactic is authorized by law. Instead, the normal course of action would be to apply to a state court for injunctive relief compelling the school district to follow the law, or to withhold funding for the school district as a whole. Normally, a state school board cannot directly control compensation of school board members or school district administrators.</p>
<p>Of course, there could be some obscure provision of Florida law that authorizes this of which I am not aware.</p>
<p>It is worth noting that Governor DeSantis, the incumbent Governor of Florida, has a track record of &quot;not coloring within the lines&quot; of what the law states that he has the authority to do.</p>
