By Andrea Shalal

WASHINGTON (Reuters) -Deputy Treasury Secretary Wally Adeyemo told Arizona’s governor on Tuesday that his state could not use federal funds to pay for programs aimed at undermining face mask requirements in schools, and said Arizona could lose funding if it did not change course.

In a letter to Governor Douglas Ducey, Adeyemo raised concerns about two new Arizona state programs funded under the coronavirus relief “American Rescue Plan” which he said would “undermine evidence-based efforts to stop the spread of COVID-19.”

Adeyemo’s letter comes a month after the U.S. Department of Education opened civil rights investigations to determine whether five states – Iowa, Oklahoma, South Carolina, Tennessee and Utah – that have banned schools from requiring masks are discriminating against students with disabilities.

One of the Arizona programs offers grants to school districts on condition they not require the use of face coverings during instructional hours. The second gives families a voucher of up to $7,000 per student to cover tuition or other educational costs at a new school that does not require face coverings if the student’s current school requires them.

Both programs tapped a $350 billion fund established under the American Rescue Plan to mitigate the fiscal effects of the COVID-19 emergency, which has killed over 700,000 people in the United States, Adeyemo said in his letter.

“A program or service that imposes conditions on participation or acceptance of the service that would undermine efforts to stop the spread of COVID-19 or discourage compliance with evidence-based solutions for stopping the spread of COVID-19 is not a permissible use of (such) funds,” he said.

Adeyemo asked Ducey to respond within 30 days on how Arizona planned to come into compliance with the federal requirements, warning that “failure to respond or remediate may result in administrative or other action.” Such action included federal efforts to recoup the funds, a Treasury official said.

Florida, Texas and Arkansas have also banned mandatory masking orders in schools. The Education Department left those states and Arizona out of its inquiry because court orders or other actions have paused their enforcement, it said in a news release.

(Reporting by Andrea Shalal; Editing by Mark Porter and Sonya Hepinstall)