Iowa mother sues Gov. Kim Reynolds, state over mask mandate ban for schools

A mother of two children in the Council Bluffs Community School District has sued the state of Iowa over a law that bans mask mandates in public schools. 

Frances Parr, the mother of twin boys who would have been starting first grade in the district this fall, filed the lawsuit in Polk County District Court Monday. The boys are currently being home-schooled.

The lawsuit says her sons are likely to suffer illness from the coronavirus if they attend school because they would "be exposed to unmasked and unvaccinated students under 12 and individuals in their school." The suit says Parr is also likely to suffer either emotional harm if her children attend school without a mask mandate, or direct harm if she becomes ill herself. 

The suit says while Iowa law bans school districts from having their own mandates, the state can still issue one. Parr made a demand to the Iowa Department of Education to issue a mandate, but the department "responded to the demand by stating they have no duty to protect plaintiffs or students," the lawsuit says.

Demands to the governor's office and the Iowa Department of Public Health were neglected, the suit says. 

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The lawsuit seeks an order requiring the state to issue a universal mask mandate for all students and school personnel, at least until a voluntary mask plan is available that allows students who choose to wear masks to be separated for safety. 

“I think there's a duty on behalf of the Department of Education and the Department of Public Health and the governor to protect our students, and I don't think they're doing that,” said Dan McGinn, Parr's attorney.

The suit names Iowa Gov. Kim Reynolds, Iowa Department of Education director Ann Lebo and Iowa Department of Public Health director Kelly Garcia. 

McGinn provided the Des Moines Register with a copy of a letter from the Iowa Department of Education's legal counsel saying that Lebo does not have the authority to issue a mandate. 

The suit also seeks a declaratory order stating the state officials named in the suit do have the power to issue a mandate. And it seeks an injunction restraining the state from preventing mask mandates from being initiated. 

The law has taken away from local governments and schools the "flexibility" to decide whether masks are needed at a local level, Parr said in an interview with the Des Moines Register. 

The law is a "gross overreach," she said. 

Parr said this year she has chosen to home-school her children instead of sending them back to public school. The family tried online learning last year, but her children struggled with it. They did better academically when attending school in person. 

Parr, a mechanical engineer, unsuccessfully ran for the Pottawattamie County Board of Supervisors as a Democrat last fall. 

Pat Garrett, a spokesperson for Reynolds, said in a statement that Iowa schools "have been open safely and responsibly since August of last year."

He said that vaccines are the best tool for protection against the virus and that parents and students still have the option to wear masks. He also said there are some concerns about the impact masks could have on students' social, behavioral and speech development. 

"Ultimately, parents know the health of their children best — which is why the governor supports parental choice over mandates," he said. 

Spokespeople for Lebo and Garcia were not immediately available for comment. 

The lawsuit comes as Iowa students have begun heading back to school amid a rise in coronavirus cases. Although severe cases of COVID-19 have been rare in children, the delta variant appears to be more transmissible in children. Kids under 12 remain ineligible for the COVID-19 vaccine. 

The mask mandate ban, House File 847, prevents local school districts, cities and counties from enacting their own face-covering mandates. Republicans in the Iowa Legislature passed the law in the waning hours of the 2021 legislative session, and Reynolds signed it hours later. 

The Biden administration sent a letter to Reynolds and Lebo last week saying that the federal government plans to use its oversight powers to investigate and possibly take legal action against states that have banned local mask mandates.

Reynolds said she stood by the law last week, and the U.S. Department of Education has not responded to a request for further comment on what enforcement action it may take against the state.

Iowa is among nine states that have prohibited schools from putting universal mask mandates in place. Most of the states with bans are also facing legal action. 

That includes executive orders from the governors of Texas and Florida, which are both facing court challenges. In Arkansas, a judge has also temporarily blocked a state law banning mask mandates. 

Ian Richardson covers the Iowa Statehouse for the Des Moines Register. Reach him at irichardson@registermedia.com, at 515-284-8254, or on Twitter at @DMRIanR.

Samantha Hernandez covers education for the Register. Reach her at (515) 851-0982 or svhernandez@gannett.com. Follow her on Twitter at @svhernandez or Facebook at facebook.com/svhernandezreporter.