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Under the law, families can request accommodations for children with disabilities to have “an in-person educational setting in which other persons who may place or otherwise locate themselves within six feet (6′) of the person receiving the reasonable accommodation for longer than fifteen (15) minutes are wearing a face covering provided by the school.” McNally “does not agree with this particular objection and supports the law the governor signed,” said his spokesperson, Adam Kleinheider. The Senate speaker’s office downplayed the legal concerns raised by the governor’s office. Republican legislative leaders, who called the three-day sprint session against COVID-19 mandates after the governor declined to do so, have lauded the final bill despite objections from prominent business interests, school leaders and others.
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As of midnight Friday, if not for the judge’s injunction, schools would be unable to mandate masks indoors, even if they hit the severe rolling cases numbers under the new law. Raising the stakes, just before the court hearing Friday, Lee announced he would let Tennessee’s COVID-19 state of emergency expire. The judge gave the plaintiffs until Tuesday to file a motion to submit the email into evidence. The state objected, citing the source of the legal analysis, to which Crenshaw responded: ”“From a source who likely knows what she’s talking about.” At Friday’s hearing, the plaintiffs’ counsel made a motion to enter the governor’s office email as evidence and read it out loud in court. State Attorney General Herbert Slatery’s office, representing Lee and his education commissioner, is now tasked with defending the law’s accommodations for students with disabilities. District Judge Waverly Crenshaw has since halted the prohibition against school mask mandates from being implemented and has specifically instructed the state’s attorneys to explain how the new law complies with the ADA. The law was almost immediately challenged in federal court, where families of young students with disabilities argued their children risk serious harm when schools aren’t allowed to require masks indoors, where chances of infection are much greater. “On balance, the bill is a response to the federal government’s vast overreach.” “The governor noted there were items that need to be fixed in the upcoming session, and we will be working with lawmakers,” Lee’s spokesman Casey Black responded in an email when the AP asked why Lee enacted the legislation, citing the email in which his counsel had warned that it would violate federal law. Lee’s office did not directly address that question in its comments. It’s unclear when or if she gave that legal advice to the governor, who receives more legal guidance from his team before deciding whether he’ll sign legislation.
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The final bill was approved about an hour later that morning. Tennessee Governor's Office Counsel Email Try viewing this in a modern browser like Chrome, Safari, Firefox or Internet Explorer 9 or later. Your browser does not support the iframe HTML tag. The email referenced an earlier effort by the governor’s office to flag the same issue. 30 to Senate Speaker Randy McNally’s chief of staff, Rick Nicholson, and Luke Gustafson in Senate Majority Leader Jack Johnson’s office. The warning came in an email from Legislative Counsel Liz Alvey at 12:44 a.m. Privately, his legislative counsel warned lawmakers explicitly on the night the bill was passed that they were running afoul of federal law. But the governor has expressed no concern publicly about compliance with the Americans with Disabilities Act. Lee, who is up for reelection next year, has since said there are still “some issues we need to work through.” He has his concerns about how the law changes hospital visitation rules and what it may mean for the state’s ability to control its own workplace regulation going forward. Less than two weeks later, the Republican governor signed it into law. The Republican-controlled Legislature ignored the advice and passed the bill anyway. Bill Lee’s office warned lawmakers that their sprawling bill limiting COVID-19 restrictions would violate federal law that protects people with disabilities and put the state at risk of losing federal funds, according to records obtained by The Associated Press.