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  • 21 006972 Letter From Secretary Cardona Iowa Final Signed

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    Letter from U.S. Department of Education to Iowa over a state law banning mask mandates in school districts

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    Letter from U.S. Department of Education to Iowa over a state law banning mask mandates in school districts

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    © All Rights Reserved
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    7K views2 pages

    21 006972 Letter From Secretary Cardona Iowa Final Signed

    Uploaded by

    Michael Howell
    Letter from U.S. Department of Education to Iowa over a state law banning mask mandates in school districts

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 2

    THE SECRETARY OF EDUCATION

    WASHINGTON, DC 20202

    August 18, 2021

    The Honorable Kim Reynolds The Honorable Ann Lebo


    Governor Education Director
    State Capitol Iowa Department of Education
    Des Moines, IA 50319 Des Moines, IA 50319

    Dear Governor Reynolds and Director Lebo:

    As the new school year begins in school districts across Iowa, it is our shared priority that
    students return to in-person instruction safely. The safe return to in-person instruction requires
    that school districts be able to protect the health and safety of students and educators, and that
    families have confidence that their schools are doing everything possible to keep students
    healthy. Iowa’s actions to block school districts from voluntarily adopting science-based
    strategies for preventing the spread of COVID-19 that are aligned with the guidance from
    the Centers for Disease Control and Prevention (CDC) puts these goals at risk and may
    infringe upon a school district’s authority to adopt policies to protect students and
    educators as they develop their safe return to in-person instruction plans required by
    Federal law.

    We are aware that Iowa has enacted a State law prohibiting local educational agencies
    (LEAs) from adopting requirements for the universal wearing of masks. 1 This State level action
    against science-based strategies for preventing the spread of COVID-19 appears to restrict the
    development of local health and safety policies and is at odds with the school district planning
    process embodied in the U.S. Department of Education’s (Department’s) interim final
    requirements. As you know, the American Rescue Plan Act of 2021 (ARP Act) requires each
    LEA that receives Elementary and Secondary School Emergency Relief (ARP ESSER) funds to
    adopt a plan for the safe return to in-person instruction and continuity of services. (See section
    2001(i).) The Department’s interim final requirements clarify that such plan “must
    describe…how [the LEA] will maintain the health and safety of students, educators, and other
    staff and the extent to which it has adopted policies, and a description of any such policies, on
    each of the following safety recommendations established by the CDC…” The safety
    recommendations include “universal and correct wearing of masks.”

    The Department is concerned that Iowa’s actions could limit each LEA’s ability under
    the ARP Act to adopt a plan for the safe return to in-person instruction and continuity of services
    that the LEA determines adequately protects students and educators by following CDC guidance.
    The Department stands with the dedicated educators who are working to safely reopen
    schools and maintain safe in-person instruction.

    1
    See:
    https://www.legis.iowa.gov/legislation/BillBook?ba=hf847&ga=89&utm_medium=email&utm_source=govdelivery
    .
    The Department also emphasizes that it is within an LEA’s discretion to use ARP ESSER
    funds for implementing indoor masking policies or other policies aligned with CDC guidance.
    Section 2001(e)(2)(Q) of the ARP Act explicitly gives LEAs the authority to use ARP ESSER
    funds (as well as ESSER funds granted through prior relief funding) for “developing strategies
    and implementing public health protocols including, to the greatest extent practicable, policies in
    line with guidance from the Centers for Disease Control and Prevention for the reopening and
    operation of school facilities to effectively maintain the health and safety of students, educators,
    and other staff.”

    We are eager to partner with Iowa on any efforts to further our shared goals of protecting
    the health and safety of students and educators. In addition, the Department will continue to
    closely review and monitor whether Iowa is meeting all of its Federal fiscal requirements. It’s
    critical that we do everything in our power to provide a safe environment for our students and
    staff to thrive.

    Sincerely,

    Miguel A. Cardona, Ed.D.

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