By John Estridge
As a rule, when the Franklin County Community School Corporation (FCCSC) Board of Trustees have a special meeting, it does not allow public comment.
That rule was waived Wednesday afternoon, July 29, at a special school board meeting. Several people opposed to their children wearing masks in school once the school system reopens were in attendance at the 2 p.m. meeting.
Three people spoke from the audience at the meeting. David Simons had the most to say.
He started by thanking board member Terry Bryant for meeting with himself and another parent to explain parts of the re-entry plan. Simons, a Veteran, said he was trained in biological warfare. He said the board decision regarding masks was an uninformed decision. He first started by mentioning all the different types of masks worn by the board, administrators and visitors to the meeting.
Simons was the only one in the room who wore an n95 mask. He pointed out the face shield Bryant was wearing was not long enough.
He also said the way the visitors signed in to speak at the meeting was a good example of cross contamination. A signup sheet is usually set on a table prior to the meeting, but because of the last-minute decision to allow speakers, acting president Rick Gill took the sheet around the room after the meeting started and each person handled the paper and the pen.
Simons said the same will be true of students in classrooms. The student will come off the bus, walk through the hallways and take the mask off in the classroom. At some point, that student will put it back on to do something else. Also, there is the factor some parents/guardians may not launder the cloth masks each night or not have enough masks to keep the student from wearing the same mask over and over. And the mask may be lost by the students.
It also brings up disciplinary issues such as students not wearing masks when they should, Simons said. Also, in classrooms where students are wearing masks, will the teacher know which student is speaking out when the student should not be talking?
Also, it is another way for students to be bullied because their masks are not as nice as other masks in the school and/or classroom.
Simons said while he was talking to those at the meeting, he was breathing his own carbon dioxide.
He said he knew at least a dozen families ready to remove their children from the school district over the rule.
FCCSC Superintendent Dr. Debbie Howell said the students will wear lanyards to attach the masks to when not in use. She also said at least as many families as there are who do not want masks, are at least the same number of families who want their children to wear masks.
Howell said the teachers have been working with administrators in the details associated with mask wearing.
Board attorney Amber McMillin Orozco was on the speaker phone. She said if the corporation did not mandate the wearing of masks after the Governor’s executive order and the school was sued for that reason, the costs of defending the case, even if the corporation would win, would be financially devastating to the corporation as the insurance company would not assist the corporation in defense costs. Also, if the corporation would lose the case, the insurance carrier would drop the corporation, and the corporation would be left without insurance.
It was mentioned that Indiana Attorney General Curtis Hill filed a lawsuit against the governor over the issue. However, part of the lawsuit concerned the criminal offense associated with the mandate, which was removed by the governor before he issued it. Also, Hill said the state legislature would have to pass the mandate for it to become law.
Simons said the Governor’s mandate was unconstitutional due to Article 4 of the state constitution.
According to the Mauer School of Law website, Article 4 is “The Legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives. The style of every law shall be: “Be it enacted by the General Assembly of the State of Indiana“; and no law shall be enacted, except by bill.”
Orozco said this is true, but the true conversation should be about possible lawsuits against the school corporation.