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 Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.