Cox answers administration threat to sue states over mask mandate ban

The Biden administration has threatened to use “all available tools,” including legal action, against Republican-led states that have blocked school mask mandates and other public health measures as the COVID-19 pandemic picks up steam with the delta variant becoming prevalent. Following Pres. Joe Biden’s order that Education Secretary Miguel Cardona explore possible legal action, the U.S. Department of Education raised the possibility of using its civil rights arm to fight policies in states like Utah that have barred public schools from requiring masks in the classroom. The Utah Legislature outlawed school mask mandate in its session earlier this year.

And Utah Gov. Spencer Cox has a response for the president.

Cox blasted the administration’s threat of litigation as “out of touch.”

“The letter from the U.S. Department of Education is extremely unhelpful,” Cox said in a statement. “Utah has been praised for safely keeping schools open last year and for making better masks available to students and teachers this year. As we continue conversations with legislators, public health leaders, school leaders, parents and local health departments about the best way to safely return to schools given the unique circumstances in Utah, the last thing we need is threats from out-of-touch bureaucrats at the U.S. Department of Education.”

In a recent announcement on its website, the Department of Education said policies that ban mask mandates could amount to discrimination if they lead to unsafe conditions that prevent students from attending school. The agency can launch its own investigations into potential violations, and it also responds to civil rights complaints from parents and the public.

“The department has the authority to investigate any state educational agency whose policies or actions may infringe on the rights of every student to access public education equally,” Cardona said in a statement. He added that states banning mask mandates are “needlessly placing students, families and educators at risk.”