MIAMI (CBSMiami) – An appeals court Wednesday dismissed a case filed by the Miami-Dade County School Board that challenged an initial Florida Department of Health rule aimed at preventing schools from requiring students to wear masks.

A panel of the 3rd District Court of Appeal said the challenge was moot because the Department of Health last month repealed the initial rule and issued a new version.

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The Miami-Dade County School Board on Friday filed a challenge to the new rule at the South Florida appeals court, according to an online docket.

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The Department of Health issued the initial rule Aug. 6, a week after Gov. Ron DeSantis issued an executive order designed to prevent mask mandates.

The Miami-Dade County board, which has required students to wear masks to try to prevent the spread of COVID-19, challenged the rule. But amid other litigation, the Department of Health on Sept. 22 issued the new rule.

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The appeals court has approved a motion by the school board to “expedite” the handling of the challenge to the new rule.

CBSMiami.com Team