Did Vermont officials quash local school mask mandates? Inquiring feds want to know. 

The U.S. Department of Education is investigating Vermont’s Agency of Education over claims that state officials overruled school districts’ mask mandates — and violated students’ rights by doing so.

The investigation is focused on “whether the AOE limited school districts’ ability to make individualized determinations that allow for the mandatory masking of students and staff as a reasonable modification,” according to a letter from the federal Department of Education to the Vermont Agency of Education, “thereby discriminating against students with disabilities who are at an elevated risk of severe illness from COVID-19 by denying them an equal educational opportunity to access in-person learning, in violation of (federal law).”

The U.S. Department of Education’s Office of Civil Rights launched the probe in April of this year. The federal agency opens investigations in response to complaints alleging discrimination in educational settings. It’s not clear who filed the initial complaint, nor when it was filed.

A spokesperson for the federal Department of Education, Alberto Betancourt, declined to comment. A spokesperson for the Vermont Agency of Education, Ted Fisher, also declined to comment, citing the ongoing investigation.

But in response to a request from VTDigger, Fisher provided communications between the feds and the state.

According to an April 20 letter from the Office of Civil Rights to the Agency of Education, the initial complaint alleged that Vermont discriminated against students with disabilities by preventing local school districts from imposing mask mandates. The alleged actions had taken place “at least since June 2021,” according to the letter.

In a reply sent to federal officials in May, interim Secretary of Education Heather Bouchey said the agency had no intention of discriminating against students with disabilities.

“The AOE devoted significant effort throughout its COVID-19 pandemic response to ensure the equal educational access of students with disabilities including students with disabilities who are at an elevated risk of severe illness from COVID-19 exposure,” Bouchey wrote. “If the AOE erred in its responses, guidance or otherwise, it is eager to address the error and make corrections for the benefit of students.”

The investigation touches on one of the most fraught issues in public education during Covid-19: mask mandates.

During the Covid-19 pandemic, state directives about masking at schools were often confusing and seemingly contradictory. Officially, Vermont’s policy has been to allow local districts to make their own decisions about masking, although the state was not always clear about whether districts had the authority to do so.

But in at least one case, the Agency of Education pushed a school district to lift its mask mandate.

In March 2022, the Washington Central Unified Union School District imposed a masking requirement in response to rising Covid-19 cases. After that decision, then-Secretary of Education Dan French emailed the then-superintendent and urged her to lift the mandate.

“With all due respect, I am unaware that your district has greater public health expertise than the Vermont Department of Health,” French wrote. “I strongly encourage you to defer to their expertise in these types of decisions.”

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VTDigger's education reporter. More by Peter D'Auria