Court: Mask rule OK at Iowa schools with disabled students
National News
A federal appeals court on Tuesday allowed the state of Iowa to enforce a law that prevents local schools from imposing mask mandates, except for schools attended by students whose disabilities make them more vulnerable to severe illness if they get COVID-19.
The court found that a mask requirement is a reasonable accommodation for students with such disabilities and allowed a group of parents of disabled children to pursue a lawsuit that seeks to strike down the law.
Two members of a three-judge panel of the 8th U.S. Circuit Court of Appeals in Omaha found a previous federal judge’s decision to issue an injunction that blocked the state ban on mask mandates was too broad because it applied to all schools. The court sent the case back to the judge to narrow the injunction to apply to the 10 school districts the students attend.
“The issues presented by plaintiffs involve a discrete group of students: those whose disabilities require accommodations in the form of mask requirements in order to safely be present in their schools,” the court wrote. “To remedy plaintiffs’ injury, an injunction is necessary only as applied to their schools and districts.”
The judges sided with the parents and a disability rights group in concluding that their lawsuit can proceed in federal court denying motions by Iowa Gov. Kim Reynolds and Iowa Department of Education Director Ann Lebo to dismiss the case.
The panel found the parents likely will succeed because mask requirements constitute a reasonable modification and schools’ failure to provide this accommodation likely violates the federal Rehabilitation Act.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.