Lee County School Board rejects mask mandates
After much heated commentary among the board and from the public, the School Board of Lee County rejected a no-opt-out mask mandate this week.
The mask mandate resolution was drafted by School Board Attorney Kathy Dupuy-Bruno after receiving direction from the school board at an earlier meeting, allowing the elected board to exercise its authority and mandate that all students wear a mask during school hours and during school activities. Board member Betsy Vaughn was the only member to vote in favor Tuesday; Board member Gwyn Gittens was not present during the vote.
“I was on the fence about this. I could see it was more important to register how I felt morally and stand up for my convictions. Even if you don’t go along with my convictions, I did and stuck with it,” Vaughn said during board member comments at the end of the meeting.
The board agreed that taking a vote at a public meeting important.
“The public is entitled to hear the conversation… give the public the opportunity to talk about what they felt,” Board member Cathleen O’Daniel Morgan said of bringing the mandating masks proposal forward.
The school administration has already implemented a mask mandate. Parents, though, may opt their child out of the policy, a mask position already taken by Gov. Ron DeSantis, who issued an executive order supporting a parent’s right to do so in compliance with new parental rights legislation.
The board, during a workshop on Monday, heard from officials with the Florida Department of Health in Lee County and Golisano Children’s Hospital during a Lee County COVID-19 Situation Report, which strongly encouraged everyone to wear masks to protect themselves and those around them.
“I am concerned for people not wearing masks. It is very dangerous. Anyone is vulnerable to this virus,” Golisano Children’s Hospital Pediatric Infectious Diseases Specialist and interim Chief of Quality and Patient Safety Dr. Stephanie Stovall said. “Vaccination is the best immunity. Those that don’t have vaccination immunity are highest risk of hospitalization.”
Florida Department of Health in Lee County Director of Communicable Diseases Arielle Ghanem said there are 5,585 new cases of COVID-19 reported in Lee County, according to the COVID-19 weekly situation report of Aug. 13. The new case positivity rate last week was 24.6 percent, which indicates the level of community transmission is high.
“According to the CDC, 83.6 of U.S. counties are at a high level of transmission and we did see this before school starting,” Ghanem said.
Currently, 62 percent of those eligible — those 12 and older — are fully vaccinated in Lee County.
During Tuesday night’s meeting, Morgan said after listening to officials from the hospital speak, it broke her to hear that the community cannot agree to support one another by doing what we have been told is the best way to protect one another.
“I hate to be in the position where I can’t do what I think is right for children. There is a difference between the morality and political position. The rules are made. You change rules when lives are at risk and that is not on the table,” she said.
Although there were a few of the 83 speakers that spoke during Tuesday nights four-hour meeting in favor of a mask mandate, the majority, who wore stickers “This is child abuse” said they would not comply with a mask mandate. Some asked the board what kind of precedent they were setting for the community.
“The governor issued an order to not mandate masks for students. Honor and respect that authority. The board needs to respect authority and abide by that order. How can you ask our children to follow rules if we are not going to follow those rules in this building?” said one person during public comment.
At one point of the meeting Board member Mary Fischer moved to adjourn, which was met with further outburst from the public. When some in the audience continued to make disruptions, and a few recesses were held, the board moved the remaining public comment and the mask mandate resolution to the end of the meeting, so they could get through the rest of the agenda.
A lengthy discussion was had by the board, as each board member shared their thoughts about a mask mandate, which became part of the conversation after hearing the COVID situation report.
“I want to go on record of absolutely supporting a mask mandate in our schools,” Vaughn said. “Further I would like to see our staff members get vaccinated. I’ve listened to what everyone has said here this evening. I could very easily debate everything that is said.”
She went on to say that she was personally offended when some members of the public said masking children is child abuse.
“If there is one child that dies because we didn’t protect them, then I feel that it is on us because I feel that protective for our children,” Vaughn said. “We are in this situation because I feel there has been a general lack of realization for the seriousness of this. That is why I support this.”
Other board members said that although they believe every child should be wearing a mask, they have to give parents a choice.
“I believe we are in a crisis, but the bottom line is we have a 7-0 vote here tonight, there is no way to enforce it. How many have you already said you would send your child anyway? Ignore it?” Gittens said earlier of a mask mandate. “Who is going to police it? We have teachers right now that are not wearing masks. What’s the bottom line? We have 90,000-plus students that need to be educated.”
She also said the discussion concerning a mask mandate should never have taken place Tuesday night.
“We have a superintendent and prior to the school opening the superintendent, along with staff and union discussed what do we do to open school. Their decision was told before school started. His option was to strongly request masks, especially of staff, and give the opt out.”
A resolution for a mask mandate, would go against the order put forth by the governor, Board member Melisa Giovannelli said
“The state trumps local government. In this situation, we don’t have the true power in that. Parents have rights and you need to exercise the rights to be a parent and make the choices for your child,” she said adding that parents have the choice to send their children to school with or without a mask. “If you want to wear a mask, wear them. If you don’t, don’t wear them.”
Board Chair Debbie Jordan said even though she knew the current situation is very serious, they have to abide by the law whether they agree with it or not.
Board member Chris Patricca said the district does not have the authority to act outside of the bounds of what the State of Florida, the governor, legislature and Board of Education have put into place.
“I ran on a platform of never violating the law. While I believe it is morally right to wear a mask right now, law, or in our case policy, cannot be used to force my morality onto someone else,” Patricca said. “The rule of law is essential to the proper functioning of our society.”
She asked what they were legally capable of doing to offer another choice for parents who are deeply afraid of sending their child to school.
“I have received a significant amount of emails from folks who are truly terrified. They don’t want to do the virtual option. They want something. There certainly are those folks out there. Last year we had the latitude to do Home Connect. That does not appear to be something permissible under the current educational model,” Superintendent Dr. Ken Savage said. “We will be as creative as possible to continue to serve our community. I am perfectly willing to take on that challenge.”
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