SPS rejects Attorney General Eric Schmitt's order to immediately repeal mask mandate

Springfield Public Schools' mask mandate will remain in place through January, the district said Wednesday evening, after Missouri's attorney general ordered schools to repeal their masking policies for students.

AG Eric Schmitt, a Republican running for U.S. Senate, sent a letter to Missouri districts Tuesday after a Cole County judge ruled that COVID-19 mask mandates and public health orders issued under certain administrative laws are null and void. Districts should "stop enforcing and publicizing any such orders immediately."

SPS is declining to do so, the district told staff and families in a message sent Wednesday evening. Its mask policy will remain in place until January "once our youngest students have had an opportunity to be fully vaccinated."

The district is also disputing Schmitt's argument, calling his letter "an interpretation" of the court's decision and pointing to a 30-day period before the decision is final.

"Furthermore, there is significant disagreement about how and if the Cole County decision even applies to public schools," the district told staff and families. "A full review by attorneys for Missouri public school districts, including SPS, is currently underway."

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Schmitt is urging parents to alert his office to districts that continue to enforce masking policies, setting up an official government email address, "illegalmandates@ago.mo.gov." An image posted to Schmitt's government social media accounts asks parents to "submit media with proper lighting + horizontal orientation."

He posted a series of complaints from parents on his social media accounts Wednesday, including one from Springfield "documenting two principles (sic) continuing to enforce ordinances." In response, Schmitt sent a letter to Superintendent Grenita Lathan demanding the district "cease and desist enforcement of any and all mandates."

"Let me assure you that I take any refusal by school officials to abide by the court's order and comply with state law very seriously," Schmitt wrote to Lathan. "I will engage the full resources of the Missouri Attorney General's office to ensure that no student will have his or her rights violated by unlawful and unconstitutional mandates."

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Schmitt's letter also informs the district he is opening an investigation into the district on the issue, requesting a number of public records and communications between district officials regarding its masking policy. When asked for comment Thursday on SPS' response to the AG, spokesperson Chris Nuelle directed the News-Leader to that letter, saying it would "speak for itself."

The Nov. 22 decision by Judge Daniel Green at the center of the dispute took concern with regulations issued by Missouri's Department of Health and Senior Services that allowed local health departments to issue health orders. He ruled that all existing health orders issued unilaterally by local health officials were invalid.

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Green's 18-page order does not specifically mention schools or school districts, many of which have imposed masking and other COVID-19 policies independent of local health authorities. SPS' mask mandate has remained in place after Springfield and Greene County's mandates expired earlier this year.

The disagreement between Schmitt and SPS adds to existing tensions after Schmitt sued the district last month, alleging it had violated Missouri Sunshine Law in its response to his office's request for documents regarding race and equity training and curricula. A district spokesperson strongly rebuked that lawsuit, calling it "a loud, divisive, and misguided distraction."

Schmitt has already attempted to take legal action against districts with mandates, filing a class-action lawsuit in August. A Boone County judge denied his request to block the mandates in September and reduced the case to strictly concern Columbia Public Schools.

Local lawmakers also weighed in on the dispute. Sen. Eric Burlison, a Battlefield Republican running for southwest Missouri's congressional seat, said in a statement he was "thrilled to see that the attorney general took action and sent a strong message." He wrote that his office was contacting "districts and schools ... who are ignoring the attorney general's orders." House Minority Leader Crystal Quade, a Springfield Democrat, wrote that "today, and all days, I'm thankful for (SPS)."

Galen Bacharier covers Missouri politics & government for the News-Leader. Contact him at gbacharier@news-leader.com, (573) 219-7440 or on Twitter @galenbacharier.

This article originally appeared on Springfield News-Leader: Masks stay in SPS through January after Missouri AG's order to schools