Appeals court: Mask rules OK at Iowa schools with disabled students

Editor’s note: An earlier version of this article incorrectly stated the scope of the appeal panel’s ruling. While the judges ruled that an earlier injunction was too broad to apply statewide, it also noted that a revised injunction should include that a mask requirement is a “reasonable accommodation” that could apply to more schools.

DES MOINES — A federal appeals panel Tuesday allowed the state of Iowa to enforce a law that prevents local schools from imposing mask mandates — but not for schools attended by students whose disabilities make them more vulnerable to severe illness if they get COVID-19.

The appeals panel found that a mask requirement is a “reasonable accommodation” for students with such disabilities, and allowed a group of parents of disabled children to pursue a lawsuit that seeks to strike down the May 2021 state law.

Two members of a three-judge panel of the 8th U.S. Circuit Court of Appeals in Omaha found a previous federal judge's decision to issue an injunction that blocked the state ban on mask mandates was too broad because it applied to all schools statewide.

The appeal panel sent the case back to the judge to narrow the injunction to apply to the 10 school districts the students attend.

"The issues presented by plaintiffs involve a discrete group of students: those whose disabilities require accommodations in the form of mask requirements in order to safely be present in their schools," the court wrote. "To remedy plaintiffs' injury, an injunction is necessary only as applied to their schools and districts."

The order also said, though, that a revised “proper injunction” should establish that “federal disability law requires mask wearing as a reasonable accommodation” for students vulnerable to exposure to COVID-19.

The judges sided with the parents and a disability rights group in concluding that their lawsuit can proceed in federal court, denying motions by Iowa Gov. Kim Reynolds and Iowa Department of Education Director Ann Lebo to dismiss the case.

The panel found the parents likely will succeed because mask requirements constitute a reasonable modification and schools' failure to provide this accommodation likely violates the federal Rehabilitation Act.

The parents, backed by the American Civil Liberties Union and disability rights organizations, filed the lawsuit in September 2021 against Reynolds and Lebo that sought to strike down the law that bans schools from requiring masks.

"This decision is an enormous victory for students with disabilities across Iowa," said ACLU of Iowa Legal Director Rita Bettis Austen.

The Iowa Attorney General's Office, which represents Reynolds and Lebo, will ask the full 8th Circuit Court — and not just the panel of three judges — to hear the case, a spokesman said.

"The decision doesn't take effect immediately. The district court's injunction of the Iowa statute remains in place statewide and the state will still not be enforcing the statute until the case returns to the district court. That will likely not happen for at least 21 days, which gives time for the state to seek rehearing of the appeal by the entire 8th Circuit," the Attorney General’s spokesman said.

Masks are still required for students, staff and visitors in the Iowa City Community School District. Iowa City schools is one of the districts subjected to the original injunction and is conducting a detailed review with legal counsel, Superintendent Matt Degner said in an email to families Tuesday.

"Our decision to continue with a mask requirement is based largely on the (Centers for Disease Control and Prevention) strong recommendation that face masks be worn in schools, regardless of a person's vaccination status," Degner said. "This requirement also aligns with the advice of our local public health experts."

The Cedar Rapids Community School District, which imposed a mask mandate Sept. 15 for students, staff and visitors to schools, said Tuesday is no longer requiring masks — but is encouraging masks to be worn because of high community transmission rates.

The Linn-Mar Community School District, which is named as a defendant in the suit, stopped requiring students, staff and visitors to schools to wear a mask Jan. 3. In September, the school board voted to require masks for students in prekindergarten through sixth grade, a requirement that remained in effect until a COVID-19 vaccine was widely available for children.

The appeals decision was signed by Judges Jane Kelly, a Barack Obama appointee, and Duane Benton, appointed by George W. Bush. Judge Ralph Erickson, a Donald Trump appointee, dissented saying he would not have allowed the case to proceed. He contended the parents had not exhausted other avenues for challenging the law before filing a federal lawsuit.

"This case is about children's ability to receive instruction while attending school. Courts should not act so quickly to intervene in the resolution of conflicts which arise in the daily operation of school systems," he said.

The lawsuit involves children who are too young to be vaccinated and have disabilities that make them susceptible to potentially severe COVID-19 cases. Their parents argue the law effectively excludes them from in-person learning in violation of the Americans with Disabilities Act and the Rehabilitation Act.

The schools names as defendants are Ankeny, Council Bluffs, Davenport, Decorah, Denver, Des Moines, Iowa City, Johnston, Linn-Mar and Waterloo.

The decision comes as the rate of Iowa COVID-19 spread reached an all-time high and hospitalizations were at the highest level since early December 2020. The omicron variant has resulted in more infected children being hospitalized, with the most recent state data showing 32 children under age 17 in hospitals. All but six are unvaccinated.

On Sunday, Mormon Trail Schools in southern Iowa announced that its superintendent "lost his battle with COVID."

Kerry Lee Phillips, 61, died at Mercy Hospital in Iowa City. Most of the district is in Wayne County and Decatur County, which have the second and third lowest vaccination rate in Iowa. The Centers for Disease Control and Prevention data shows that in the two counties about 56 percent of the population remains unvaccinated.

Grace King of The Gazette contributed to this report.

8th Circuit Court of Appeals ruling

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