ORLANDO, Fla. – The state of reopening schools across Florida will soon be in the hands of a judge as two days of hearings are scheduled to begin Wednesday.
The state’s largest teachers’ union, Florida Education Association, is suing Florida Gov. Ron DeSantis and other state officials with the goal of halting in-person learning at schools until it can be done safely.
Keep track of the latest happenings at the hearing by refreshing this page.
5:10 p.m.
Attorneys representing Florida teachers rested their case. Come Thursday, attorneys representing the governor and the education commissioner will present their arguments.
TEACHER'S LAWSUIT: With Mr. Escobar's testimony, the attorney's representing teachers have rested their case for this injunction. Tomorrow, attorney's representing @GovRonDeSantis & Commissioner @richardcorcoran get their chance to defend their choice schools must reopen.
— Nadeen Yanes (@NadeenNews6) August 19, 2020
4:07 p.m.
Escobar expresses that he’s tried to search for other work and see where his skills as a teacher could be transferred into another role. He explains he’s the breadwinner of his family and being unemployed is not an option. In leaving the field of education, he would jeopardize his opportunity for student loan forgiveness and retiring is not a financially feasible option for him.
TEACHER'S LAWSUIT: Mr. Escobar: "I understand the risk I'll be taking. Wife and son and are at home. I can't just up and stop teaching because I'm at higher risk. I can't retire. I've only been teaching 8 years, I won't make enough." (1/2) https://t.co/3u8KRsf0a0
— Nadeen Yanes (@NadeenNews6) August 19, 2020
3:52 p.m.
Escobar shares photos of his classroom, saying with 25 seats it will be difficult to make sure all of them are six feet apart.
TEACHER'S LAWSUIT: They are sharing these pictures with the judge right now. https://t.co/3u8KRsf0a0
— Nadeen Yanes (@NadeenNews6) August 19, 2020
3:43 p.m.
Andre Escobar is an Osceola County teacher at Gateway High School. He is a quadriplegic educator concerned about face-to-face learning and expressing how, though well-intentioned, it could have unintended impacts on the health of all of those inside a classroom.
TEACHER’S LAWSUIT: Osceola County teacher at Gateway High School is now on the stand. He is a quadriplegic teacher concerned about face-to-face learning. Another local face of this lawsuit. @news6wkmg pic.twitter.com/46jkH42nmu
— Nadeen Yanes (@NadeenNews6) August 19, 2020
3:26 p.m.
Burke agrees with state’s position that virtual learning is “inferior” to in-person learning. However, he notes that if it’s unsafe it may not be possible to have children sit in a classroom.
“I think everyone here can come to a consensus we want in-person learning. That in-person learning is ideal. The relationship with teachers and staff is important in the growth and maturation of children but at this time when it’s unsafe...we can’t do it.”
2:57 p.m.
Harvard Dr. Thomas Burke will be the next person to take the stand.
TEACHER’S LAWSUIT: Next up on the stand Harvard Dr. Thomas Burke. Here’s his bio: https://t.co/A8d7snewdC pic.twitter.com/Kc4YtEFt6z
— Nadeen Yanes (@NadeenNews6) August 19, 2020
2:06 p.m.
Dr. Nielsen opined on the state’s manual that will guide schools’ reopening plan, saying, “In my opinion, there was lack of direction, lack of certainty, lack of definition and lack of guidance. These are schools, not hospitals.”
She later said, “If you are going to open up, you have to have the air clean, you have to be safe. And we aren’t ready. It’s like a disaster waiting to happen.”
TEACHER LAWSUIT: Dr. Nielsen weighs in on the state's manual guiding schools reopening plan: "In my opinion there was lack of direction, lack of certainty, lack of definition and lack of guidance . These are schools, not hospitals." @news6wkmg https://t.co/sDAiomCywp
— Nadeen Yanes (@NadeenNews6) August 19, 2020
1:35 p.m.
Dr. Annette Nielsen, who works in Central Florida and serves on the Orange County Schools Medical Adviosry Committee, testified about COVID-19 cases she has treated, including a 15-year-old girl.
“She stroked out of the left side of her brain. (She is) completely not able to eat or talk. That’s bad,” she said.
TEACHER LAWSUIT: Dr. Nielsen is also testifying what cases she has personally treated, including story of a 15 yo girl who she said had a stroke as a result of Covid-19.
— Nadeen Yanes (@NadeenNews6) August 19, 2020
"She stroked out of the left side of her brain completely not able to eat or talk, that's bad..." https://t.co/sDAiomCywp
12 p.m. Nadeen Yanes’ video report (below):
12:18 p.m.
Attorneys representing the governor and state leaders are trying to keep the video out.
“To take snippets of videos ... I have never seen anything like this in 40 years,” David Wells said.
TEACHER'S LAWSUIT: Attorney's representative the Governor and state leaders are trying to keep the video out. "To take snippets of videos....I have never seen anything like this in 40 years." - David Wells https://t.co/sfeCcCGI1Z
— Nadeen Yanes (@NadeenNews6) August 19, 2020
12:13 p.m.
Orange County continues to be an example in the fight to keep schools closed across the state. Attorneys are trying to get the video below admitted evidence. It includes comments from Dr. Raul Pino.
TEACHER’S LAWSUIT: Orange County continues to be an example in the fight to keep schools closed across the state. The attorney’s are trying to get this video in as evidence which includes comments from Dr Raul Pino (poor audio quality) . @news6wkmg pic.twitter.com/IsfTOjT5Hl
— Nadeen Yanes (@NadeenNews6) August 19, 2020
11:07 a.m.
Frederick Ingram, president of the Florida Education Association, the largest teachers’ union in the state, will testify next.
TEACHER LAWSUIT : Now on the stand Frederick Ingram, President of the Florida Education Association. The largest teachers union in Florida. I have to get ready for noon live shot. Be sure to watch live at https://t.co/2eFbVsRyOm @news6wkmg pic.twitter.com/deDSDh8cHM
— Nadeen Yanes (@NadeenNews6) August 19, 2020
11 a.m.
James Lis, a teacher at Dr. Phillips HS, cried on the stand, saying, “If there is no change tomorrow, I am going to have to explain class by class to my students that I can’t return. And no, I’m not going. I have chosen my kids, my students over so many difficult things, but I can’t put my family at risk.”
He begins to cry.
— Nadeen Yanes (@NadeenNews6) August 19, 2020
"If there is no change tomorrow, I am going to have to explain class by class to my students that I can't return," he cries. "And no, I'm not going. I have chosen my kids my students over so many difficult things, but I can't put my family at risk." https://t.co/mH1LMBVqXe
10:50 a.m.
James Lis says he has an 81-year-old mother-in-law at home and was told by his principal there was no option for him to teach only virtually.
“I do have concern for my own health, but my primary concern is bringing the virus home and infecting my mother-in-law,” he said.
(2/2) "She came back to me later that day and said, due to the number of students that need to take biology, she said 300 students that are coming back face to face -- that teaching online only would not be an option for me and I needed to return on the 21st." @news6wkmg https://t.co/eFJcDDR52K
— Nadeen Yanes (@NadeenNews6) August 19, 2020
10:29 a.m.
James Lis, a teacher at Dr. Phillips High School, will testify that if schools are forced to reopen, he will be forced to retire. They are taking a 5 minute recess before Lis takes the stand.
TEACHER LAWSUIT: A local Central Florida teacher, Mr. Lis is next up on the stand. According to attorneys in their opening statements, he will testify that if schools are forced to reopen, he will be forced to retire. @news6wkmg
— Nadeen Yanes (@NadeenNews6) August 19, 2020
10:15 a.m.
Wells says, “My question is, the parents have a choice, am I right?
“The parents do have a choice at this point, yes,” Shamburger replies.
TEACHER'S LAWSUIT/
— Nadeen Yanes (@NadeenNews6) August 19, 2020
SHAMBURGER: "If this is an issue about parent choice i'm agree but- "
WELLS: "Mam if you can answer the question, you have said that already. My question is, the parents have a choice am I right?
SHAMBURGER: "The parents do have a choice at this point, yes." https://t.co/LhvA5uy5ck
10:02 a.m.
David Wells, the attorney representing the state, is cross examining Tamara Shamburger.
Wells is going over the Florida Department of Education’s reopening guidance, highlighting different options given to parents and many options listed for districts.
TEACHER’S LAWSUIT / David Wells representing state defendants is now taking School Board member Tamara Shamburger through the Department of Education’s reopening guidance highlighting the different options given to parents and many options for districts. pic.twitter.com/hy0AzHfk9s
— Nadeen Yanes (@NadeenNews6) August 19, 2020
9:55 a.m.
“We immediately went (back to the) drawing board. I felt like I was stuck between a rock and hard place being forced to chose the life of a student versus the funding of the state,” Hillsborough County School Board member Tamara Shamburger said. “To have Tallahassee really strangle my authority and my rights as an elected board member was concerning. Now, against medical advice, we are going to be putting our teachers and students in harm’s way.”
TEACHER'S LAWSUIT: "We immediately went into a drawing board. I felt like I was stuck in between a rock and hard place being forced to chose the life of a student versus the funding of the state," @HillsboroughSch Tamara Shamburger. (1/2) https://t.co/nL22Lc1PTG
— Nadeen Yanes (@NadeenNews6) August 19, 2020
9:46 a.m.
Hillsborough School board member Tamara Shamburger says a revised a plan, based on medical advice, to delay the reopening of schools was rejected by the state.
TEACHER'S LAWSUIT: Hillsborough School board member on the stand says they'd revised a plan to delay reopening "It was shortly there after I had received a surprise the state had rejected that plan, a plan that was based on medical advice." @HillsboroughSch Tamara Shamburger https://t.co/r0KYikr1sr
— Nadeen Yanes (@NadeenNews6) August 19, 2020
9:41 a.m.
Shamburger said when she asked a panel of medical experts if it was safe to reopen schools, the only abstention was the Florida Department of Health doctor. She says she was “shocked” by the non-response.
TEACHER’S LAWSUIT : @HillsboroughSch member Shamburger talks about when she asked a panel of medical experts if it was safe to reopen schools. The only abstention was the DOH doctor who did not answer yes or no. Shamburger said she was “shocked” the state DOH could not answer pic.twitter.com/wrWQZ8kWHE
— Nadeen Yanes (@NadeenNews6) August 19, 2020
9:29 a.m.
Attorneys representing teachers are going over Gov. Ron DeSantis’ order requiring that all “brick and mortar schools shall reopen five days a week.”
“Was it optional? No, that was not my understanding,” Shamburger said.
TEACHER’S LAWSUIT: Attorney’s representing teachers now going over @GovRonDeSantis emergency order requiring all “brick and mortar schools shall reopen 5 days a week” @news6wkmg pic.twitter.com/mNuRZXBl1u
— Nadeen Yanes (@NadeenNews6) August 19, 2020
9:20 a.m.
Hillsborough County School Board member Tamara Shamburger is the first witness to take the stand. She believes school should be distance-learning only right now.
TEACHER’S LAWSUIT: @HillsboroughSch school board member Tamara Shamburger is in the stand. First witness for teachers fighting to keep schools closed. @news6wkmg pic.twitter.com/hui9cnXn4N
— Nadeen Yanes (@NadeenNews6) August 19, 2020
9:12 a.m.
David Wells, representing Florida Gov. Ron DeSantis and the Department of Education, says he will show the school district’s plan, which had to be approved by the state, showing that schools can open safely.
9:10 a.m.
David Wells, representing Florida Gov. Ron DeSantis and the Department of Education, says, “Any opening of the schools will bring about some type of risk, but a greater risk is the closing of the schools.”
TEACHER'S LAWSUIT: Now David Wells representing @GovRonDeSantis & DOE begins his opening statements "Any opening of the schools will bring about some type of risk, but a greater risk is the closing of the schools." Wells talks about risk of child abuse, depressions, etc. https://t.co/T5hau1Ya4q
— Nadeen Yanes (@NadeenNews6) August 19, 2020
9:08 a.m.
Kendall Coffey, who’s representing the teachers, says, “This case is not about teachers or educators who don’t want to go to work and don’t want to be with students, teachers love going to class. But, of course, they don’t want to do it that will jeopardize their safety.”
Orlando attorney Jacob Stuart added, “We are going to have a quadriplegic testify, Mr. Escobar, and he is going to have to talk to you about risking his life.”
TEACHER'S LAWSUIT: Now David Wells representing @GovRonDeSantis & DOE begins his opening statements "Any opening of the schools will bring about some type of risk, but a greater risk is the closing of the schools." Wells talks about risk of child abuse, depressions, etc. https://t.co/T5hau1Ya4q
— Nadeen Yanes (@NadeenNews6) August 19, 2020
8:53 a.m.
The union and the state will both begin with 15-minute opening statements.
TEACHER’S LAWSUIT: Hearing has begun with both sides presenting 15 min opening arguments @news6wkmg pic.twitter.com/G5PTuUWMJn
— Nadeen Yanes (@NadeenNews6) August 19, 2020
8:45 a.m.
The hearing in Tallahassee started at 8:45 a.m. as the state’s largest teachers’ union, along with several local teachers, are fighting for a last-minute injunction to keep schools from reopening by Friday.
TEACHER'S LAWSUIT / This will be a 2-day hearing. Local teachers along w/ FEA are hoping for an emergency injunction to keep schools closed while they fight against @GovRonDeSantis & Education Commissioner @richardcorcoran order school's must reopen. Teachers present case first. https://t.co/oI8QMzlkJk
— Nadeen Yanes (@NadeenNews6) August 19, 2020
6:45 a.m.
News 6 reporter Nadeen Yanes will monitor the hearings.
Check out her latest report in the video below.
5:45 a.m.
The state’s largest teachers’ union, Florida Education Association, says it’s not safe to have face-to-face learning due to the coronavirus pandemic.
HEARING OVER SCHOOLS: 2 days worth of hearings are set to start today over a lawsuit filed the the state's largest teacher's union wanting to stop in-person learning.
— Ezzy Castro (@EzzyCastro) August 19, 2020
We are hearing from attorneys representing several local teachers ahead at 5 @news6wkmghttps://t.co/zhhBRty1tO