From ACLU Iowa: For Complete Post, Click Here…
Today the 8th Circuit Court made a decision in our lawsuit to protect Iowa students with disabilities that make them vulnerable to COVID.
It’s important to note that the Court did not vacate as moot our lawsuit as a whole. The lawsuit was filed to protect Iowa students with disabilities who need to be protected by masking from COVID from the way the state was enforcing a new Iowa law. That new state law prohibited schools from requiring masking.
The Court’s decision today vacates as moot the district court’s preliminary injunction only; the Court’s decision allows for the possibility of further litigation in this case.
It’s also very important to note that the court specifically did NOT rule that schools cannot require masking to protect students with disabilities. Today’s decision interprets the new state law to mean that schools can still require masking for students with disabilities that make them particularly susceptible to COVID, under federal disability rights laws.
Bottom line: Iowa schools can still require and Iowa parents can still request masking as a reasonable accommodation for students with disabilities under appropriate circumstances.