The Florida Education Association (FEA), Florida’s largest teachers union, filed a lawsuit Monday against Governor Ron DeSantis, Commissioner Richard Corcoran, the Florida Department of Education and the Florida Board of Education to stop the reopening of schools and in-person classes.

Richard Corcoran, Commissioner of the Florida Department of Education, issued an order on July 6, mandating that all brick and mortar schools be open five days per week for students upon reopening in August. The FEA filed suit on Monday to stop the reopening in order to safeguard the health and welfare of students, teachers and the general public.

In the complaint, the FEA alleges that the reopening of schools with in-person classes is unconstitutional under Florida’s constitution. The complaint states that requiring students to attend in-person classes is “patently unsafe.” This allegedly violates Article IX, Section 1(a) of the Florida constitution, which mandates “[a]dequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools.”

The FEA also seeks a declaration that, through the order, the state is putting an arbitrary and capricious demand on public schools and teachers. The complaint seeks to enjoin the defendants from making students and teachers attend physical schools during the COVID-19 pandemic. It asks for an order for defendants to provide a “meaningful online instruction plan,” and for defendants to meet CDC and other health authority guidelines before reopening.

FEA President Fedrick Ingram stated:

Everyone wants schools to reopen, but we don’t want to begin in-person teaching, face an explosion of cases and sickness, then be forced to return to distance learning. Florida’s Constitution demands that public schools be safe. Teachers and parents want our schools to meet that basic standard.