Oklahoma Faces Federal Investigation Over Law Blocking School Mask Mandates

The U.S. Department of Education is now investigating in five states, including Oklahoma, to see whether a state law goes against federal laws and could be violating the civil rights of children with disabilities. 

The investigation said the state law preventing schools from requiring masks, could discriminate against those students since they're at higher risk of COVID-19.

State Superintendent Joy Hofmeister said she is fully cooperating with this federal investigation and would like to see school districts have a choice when it comes to mask mandates.

"We saw this coming," said Hofmeister.

The U.S. Department of Educations' Civil Rights office is investigating whether Oklahoma's new law prohibiting schools from having mask mandates might be discriminating against students with disabilities.

"Unfortunately, we see Senate Bill 658 is a law preventing our districts from their legal duty to protect and provide an opportunity for all children to learn," said Hofmeister.

Hofmeister said she wants school districts to have a choice in requiring mask mandates. Right now, the law said school districts cannot do that unless there's a state of emergency in place. 

"We believe there can be civil rights being violated, and we will be fully cooperating with the Department of Education," she said.

The investigation will see if Oklahoma is complying with two federal laws that protect people with disabilities and give those students rights to the same education other students receive.  

"I do firmly believe in children wearing their masks in schools," said Tulsa parent Jennifer Ciruso. 

Ciruso has two kids in Tulsa Public Schools: Landon and Phoenix. She said she's worried about them, and many other kids, being put at risk right now.

"Especially special ed kids, there are some that are more severe and have breathing impediments and health issues," Ciruso said.

The governor's office sent us a statement saying, "Until every American citizen is safely out of Afghanistan, President Biden shouldn't spend a single second harassing states like Oklahoma for protecting parents' rights to make health decisions for their kids."

The person who wrote the bill said they believe it's the right of parents, not schools, to decide if their child wears a mask.

A lawsuit has been filed concerning the new law and a judge could make a ruling as early as Wednesday.