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Kershaw County School District reacts to federal mask mandate ruling

A federal court's mask mandate ruling for South Carolina has many school districts already planning to impose a mask mandate, sooner than later.

KERSHAW COUNTY, S.C. — On Tuesday a U.S. District Judge placed a temporary restraining order blocking the enforcement of a state proviso that bans school districts from imposing mask mandates. 

Shanna Fields is a parent in Kershaw County. She said she supports the decision to block the ban on mandates in SC schools. 

"I'm all for wearing masks," Fields said. "I don't want myself getting sick nor my child getting sick, or anyone else getting sick. I am all for it."

According to the judge, the proviso discriminates against students with disabilities in violation of  Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

RELATED: Federal Court blocks SC’s ban on mask mandates in schools

Fields said students with disabilities deserve to learn in schools and be protected when they do so.

"It is important to help these kids who don’t have a voice," Fields said. "So they don’t have their own voice and we’re the voice for them, and this is their voice, right here," as she gestured to her face mask. 

The court ruling means school districts can now issue a mask mandate, if they choose. This ruling is temporary, and can be overruled by a higher court. 

Before Tuesday's ruling, if school districts imposed a mask mandate, they would risk losing state funding for violated the proviso. 

RELATED: Gov. McMaster says mask mandates in schools illegal, claims masks prohibit students from learning

"If we want to use a mask mandate, it is now up to use to make that decision locally," said Dr. Shane Robbins, Kershaw County Superintendent. 

Dr. Robbins told News 19 he is excited to use all the mitigation tools available to keep his staff and students safe and healthy. 

"Without any preconceived notion, if that does mean in some locations, that we have a short term mask mandate, then we will be able to do that now without any fear that it would financially place burden on the school district," Dr. Robbins said. 

Earlier this month, SC Governor, Henry McMaster said Kershaw County was the model district for others in the state. The county was able to mitigate the  spread and lower the number of cases at a steady rate through time.

RELATED: Governor praises SC school district for COVID prevention success

Dr. Robbins said he will work with the district's lawyers, nurses, and other parties to create a operating procedure going forward. He said he does not plan on enforcing a mask mandate the for entire district, but one could be considered for individual schools that have a high percentage of staff and students out due to COVID. 

One Kershaw County parent said she does not support the court's decision. 

"Well honestly, it’s totally up to the court's decision, but I still feel like it should be a parent’s choice, whether your child wears a mask or not," the parent said. 

RELATED: 'It's been a nightmare': School nurses overworked, exhausted as COVID-19 surges in South Carolina

She told News 19 that it would be the parents' decision if they want to mask their child up. 

"Parents' choice, no matter what," the parent said. "Just like the vaccine, it should be a parent’s choice. It should be your God-given right as an American citizen to have a choice if you wear a mask or if you don’t wear a mask."

The mother of two Kershaw County high school students said courts and government officials should not be able to tell parents what they should do with their children, as far as mask wearing. 

RELATED: Face mask policies by South Carolina school district

RELATED: Midlands mom of kids with disabilities urges others to mask up

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