Florida's largest teachers union sues Gov. Ron DeSantis over plans to reopen schools

The largest teachers union in Florida is suing Gov. Ron DeSantis over his plans to reopen all public schools in the state from next month. They claim that the state is violating a constitutional mandate to keep public schools "safe and secure."

In recent days, Florida has become the center of the global coronavirus pandemic. A month ago, Florida reported almost 4,000 new coronavirus cases a day. On Sunday, that number had increased to 12,478 additional cases and 87 deaths.

According to CNN, Miami-Dade County intensive care units are at about 127% capacity, with 398 beds for 507 patients. The county is moving to convert more than 1,200 regular hospital beds.

"It's really a crisis moment at (Miami's Jackson Memorial Hospital)," Martha Baker, president of a union representing health care professionals, told CNN. "We're just, I say dancing on the head of a pin, hoping we can keep dancing."

"Fifteen nurses in the ICUs alone called in sick today, just at Jackson Main. They're exhausted. They've been doing this since March."

Despite this alarming trend, Gov. DeSantis has refused to implement a mandatory mask mandate, and is pushing to fully reopen public schools from next month.

"Gov. DeSantis needs a reality check, and we are attempting to provide one," Florida Education Association President Fedrick Ingram said of the lawsuit. "The governor needs to accept the reality of the situation here in Florida, where the virus is surging out of control."

The lawsuit states: "Tragically, Florida, is now an international epicenter of the lethal and unforgiving novel coronavirus. The virus has no boundaries—including impacting our state’s public schools, a centerpiece of our society and democracy."

"The Florida Constitution is clear: public school onsite instruction and operations must be opened safely. The Florida Constitution mandates '[a]dequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools.' The Defendants’ unconstitutional handling of their duties has infringed upon this mandate and requires the courts to issue necessary and appropriate relief. Florida students, parents, teachers, and the public deserve and are constitutionally entitled to the protections needed to assure a lawful and safe reopening."

It goes on to explain: "Plaintiffs bring this suit to safeguard the health and welfare of Florida public school students, educators, staff, parents, and the general public, including residents of Miami-Dade County, following the failure to take the necessary steps to mitigate community spread of the Coronavirus Disease 2019 (COVID-19), as set forth in the Centers for Disease Control ('CDC') guidelines."

"The CDC guidelines provide the most authoritative criteria for the safe reopening of a broad range of facilities, operations, and activities, including schools. Even so, without a rational basis for ignoring the CDC guidelines, the State Government Defendants are requiring millions of public school employees and students to physically return to brick and mortar schools in August amidst a drastic resurgence of COVID-19 cases. Defendants, Governor DeSantis, Commissioner Corcoran, Department of Education, and Board of Education’s arbitrary, dangerous, and unconstitutional actions in the midst of the pandemic create an imminent threat to the public health, safety and welfare."

The lawsuit comes after Florida's education commissioner, Richard Corcoran, ordered schools to reopen for in-person teaching.

Corcoran called schools "not just the site of academic learning" but also crucial for "nutrition, socialization, counseling and extra-curricular activities." He also stated that their reopening is crucial for "a return to Florida hitting its full economic stride."

The order calls for "at least five days per week for all students" though it does allow students to submit applications for remote learning.

The move has been condemned by some teachers, including Amy Spies, who told NBC News: 

"I can think of no other industry forcing an entire workforce into such an unsafe environment. It is physically impossible to meet [Centers for Disease Control and Prevention] social distancing requirements if schools are at full capacity."

President Donald Trump has also been insistent that school districts should reopen in the fall. He's even gone as far as to threaten to cut funding to school districts who refuse to open, adding that the Democrats don't want schools to open before the election.

"In Germany, Denmark, Norway, Sweden and many other countries, SCHOOLS ARE OPEN WITH NO PROBLEMS," the president wrote. "The Dems think it would be bad for them politically if U.S. schools open before the November Election, but is important for the children & families. May cut off funding if not open!"

Some teachers are so terrified about the prospects of schools reopening amid surging cases that they are drafting wills should the worse happen.