Jan 26, 2022 7:01 PM

BCSD nixes mask requirement for now

Posted Jan 26, 2022 7:01 PM

 By Beacon Staff

After a federal appellate court struck down an injunction that blocked enforcement of a state law preventing school districts from requiring masks on Tuesday, Jan. 25, the Burlington Community School District suspended the district wide mask mandate for all students, staff, and visitors to buildings. 

In a press release issued Wednesday, Jan. 26, the school district said the decision came in response to the court ruling.

“Our district will adhere to and follow guidance from our legal counsel and respect the decision of the courts,” superintendent Pat Coen said. 

Tuesday's decision holds that the lower court's injunction was overly broad. However, the judges also held that requiring masks is a reasonable accommodation schools can make to protect students with disabilities under federal law and that school boards can put such orders in place. A lower court must reissue a narrower injunction as the case moves through the courts. In a statement, the Iowa Attorney General's Office said it intends to appeal the ruling and noted the current injunction will remain in place for the time being.

"The district court’s injunction of the Iowa statute remains in place statewide — and the State will still not be enforcing the statute — until the case returns to the district court," spokesman Lynn Hicks said. "That will likely not happen for at least 21 days, which gives time for the State to seek rehearing of the appeal by the entire Eighth Circuit."

The Burlington School Board just voted to loosen mask restrictions at their regular board meeting Monday, Jan. 25, but did not eliminate the mask policy.

A group of parents and the advocacy group Arc of Iowa sued the state and Gov. Reynolds in September, seeking to block a law Reynolds signed in May forbidding local government mask mandates. The law has been inactive since October due to a preliminary injunction from a federal judge.