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Emergency hearing set for FEA lawsuit against reopening schools

Virtual hearing will be held Wednesday, Aug. 5 at 1 p.m.
Court Room
Posted at 10:28 PM, Aug 04, 2020
and last updated 2020-08-04 22:31:07-04

TALLAHASSEE, Fla. (WTXL) — The Florida Education Association has a court date after asking a judge to intervene to stop the state's education commissioner from reopening schools for in-person learning amid the coronavirus pandemic.

According to the Miami-Dade County Clerk of the Courts, where the case was filed, a special 30-minute hearing has been scheduled for 1 p.m. Wednesday. Due to coronavirus concerns, the courthouse is closed. And, the hearing will be held virtually via Zoom.

In a new document filed this week, the union asked the court for an emergency status conference no later than Tuesday and to schedule a hearing by Aug. 7, ahead of schools reopening.

In mid-July, the Florida Education Association sued Gov. Ron DeSantis, Education Commissioner Richard Corcoran, Miami-Dade County Mayor Carlos Gimenez, the Florida Department of Education and the Florida Board of Education.

The lawsuit claims the state's emergency order to reopen physical school classrooms five days a week violates the Florida Constitution, which mandates safety and security in public schools. The union wants a declaratory judgment that the state's directive to open brick and mortar schools is a violation of due process because they argue safety cannot be guaranteed as COVID-19 deaths and confirmed cases continue to climb statewide.