The opposition to masks has been particularly crushing for parents like Ms. Hart, who see in-person schooling as a lifeline for their children with disabilities. Those students have been among the most underserved during the pandemic but also sometimes face a higher probability that going to school could make them severely ill.
Tennessee is one of seven states that the federal Education Department is investigating to determine whether governors’ orders allowing families to flout school mask mandates discriminate against students with disabilities by restricting their access to education.
Even though many local school boards, including Williamson County’s, have voted to require universal masking, an executive order issued by Gov. Republican Bill Lee allows parents to send children to school without any masking, and it is free. At the high school Ms. Hart’s son attends, data published weekly by the district shows that more than 30 percent of parents have formally opted out, a percentage that mirrors the district’s overall.
“We’ve always known that not everybody really cares about our children, but it is in our face right now — that it’s not worth you asking your child to wear a mask, so my child can be safe,” Ms. Hart is an epidemiologist and researcher. “That is the scar that I will carry from the pandemic, this playing out in my face over and over and over again.”
Parents of special education students in two Tennessee counties covering the eastern and western parts of the state have sued to block the governor’s order; one lawsuit has succeeded. The third case, which covered Williamson County, was heard by a judge this week.
The most recent complaint was filed by three lawyers. They claimed that the governor and the Williamson County School Board, as well as a Franklin Special school District carve-out, violate special education students’ rights by allowing parents the option to opt their children out from the mandate.
The suit was filed on behalf of a student with Down syndrome and another with Type 1 diabetes, but seeks protections for all “similarly situated” students. “Defendants’ actions have pitted children against children, while placing the health and safety of medically vulnerable children with disabilities in danger,” The complaint stated.