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 Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.