COLUMBIA, SC (WSPA) — South Carolina Gov. Henry McMaster and Attorney General Alan Wilson have filed a notice of appeal in U.S. District Court after Judge Mary Gieger Lewis struck down the state’s proviso forbidding schools from requiring masks Tuesday.
Lewis said that the state’s Proviso 1.108 — which bans schools from requiring masks — violates the Americans with Disabilities Act and discriminates against children with disabilities.
Under the ADA and the Rehabilitation Act, public schools cannot exclude students with disabilities or segregate them unnecessarily from their peers. Schools are also required to provide reasonable modifications to allow students with disabilities to participate fully.
The South Carolina Department of Education notified district superintendents Wednesday that, following the ruling Tuesday, school districts now have “discretionary authority to require masks.”
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