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The Florida Education Association’s lawsuit to keep classrooms closed is moving ahead after a judge denied the state’s motion to dismiss Friday.

Both sides have been ordered to try to settle the case and if they can’t, a judge will hear arguments next week.

The state argued that not dismissing the case would invalidate the choice of Florida’s parents who weren’t being represented in court.

“Parents of one million six hundred thousand students have decided they want to go. Roughly one million four have decided they don’t want to go,” said the Governor’s Attorney David Wells.

There have been more than 8,300 COVID cases in kids under 18 since the beginning of August.

One hundred have been hospitalized.

The teachers union told the judge he was facing a life or death decision for both students and teachers.

“And school districts are being pressured with this zeal to open schools without regard for the continuing expansion of the pandemic,” said FEA Attorney Ron Meyer.

“There is a clear and present danger for children and teachers and support staff in our school systems,” said Jacob Stuart, an attorney representing parents and student in the case.

Circuit Judge Charles Dobson wasted no time, saying his hands were tied by procedure.

“I’m denying the motion to dismiss. By denying the motion to dismiss I am not in any way saving the plaintiffs will be successful with their case,” said Dobson.

The judge has ordered the both sides to sit down and try to negotiate a settlement

“And If the case doesn’t settle, it will be back in court Wednesday morning,” said Dobson.

The union’s hope is the state will agree to let each local school board decide when it’s safe to open in person learning without facing the loss of funding.

More than a dozen school districts opened this week.

Another dozen will open next week, with the final districts opening by August 31st.