Can Schools Legally Require Masks in Texas

Dozens of other districts have received letters from Paxton warning them of future litigation if their policies are not changed. KIPP Charter Schools, which operates seven campuses in South Dallas, dropped its requirement to wear a mask on Sept. 22 after receiving such a letter. Abbott argues that lawmakers have given him and no one else the power to issue emergency orders that can repeal conflicting local rules and suspend state laws that would otherwise allow local officials to issue mask and other safety requirements. JOHN BURNETT, BYLINE: The plaintiffs in this case are seven children with disabilities under the age of 12 who are particularly vulnerable to COVID-19. Federal Judge Lee Yeakel in Austin ruled that banning masks in Texas schools violated the U.S. Federal Disability Act of 1990. And he issued a permanent injunction against Governor Greg Abbott`s order. He stated that underage complainants were denied the benefits of personal learning. He also said the state government had provided no evidence that the requirement to wear a mask fundamentally changed educational programs.

Kym Davis Rogers is one of the lawyers who sued Governor Abbott and the Texas Education Agency on behalf of Disability Rights Texas. « The ban on the requirement to wear a mask exposes children with disabilities to significant risks and is discriminatory, » said lawyer Kym Rogers. « We will do everything in our power to prevent the governor and tea from pushing these children out of schools or putting their lives at risk. » A federal judge has ordered Texas to end efforts to ban masks in public schools. The requirement to wear a school mask remains a controversial issue, with some disputes moving from school committee meetings to courtrooms. A handful of GOP-led states, including Florida, Arizona and Iowa, have passed similar warrant bans. The CDC, meanwhile, recommended that schools require students, teachers, staff, and visitors to wear masks. This comes after President Joe Biden asked his Secretary of Education, Miguel Cardona, to use his surveillance powers against governors who « seek to prevent and intimidate local school officials » from reopening schools safely. As COVID-19 cases decline, Austin makes ISD masks optional « Unfortunately, as you`ve seen during this pandemic, some politicians are trying to turn public safety measures — that is, children wearing masks at school — into political conflicts for their own political gain, » Biden said Wednesday from the White House. According to Yeakel`s decision, Paxton will be prohibited from imposing fines, withholding funds for education, or suing school districts that require masks as a safety measure.

Paxton had already sued 15 school districts to lift local mask requirements imposed by those counties. In its updated guidelines, the AME has also expanded reporting requirements for schools when a positive COVID-19 test is reported. Billions of federal dollars for schools could be at risk. The Biden administration has poured billions of dollars into Texas schools, with the hope that those receiving additional funding will adopt safe plans to return to school for every student. In recent weeks, Paxton has kept some of that promise, filing lawsuits against a handful of districts, including Richardson, three Waco-area districts and Paris, which had changed its dress code to include masks. Legal disputes over mandatory mask wearing in schools are causing districts to back and forth over their policies. Abbott`s July 29 executive order, known as GA-38, prohibits the requirement to wear a mask in cities, counties, school districts, and public health officials as part of the governor`s belief that health care decisions belong to individuals, not governments. and that Texans are free to wear masks if they wish. BURNETT: The judge pointed out that more than 200,000 children have tested positive for COVID since the resumption of face-to-face classes in Texas this semester.

And at least 45 school districts have been temporarily closed. Texas Attorney General Ken Paxton had previously sued 15 school districts that had openly disobeyed Abbott`s order. He argued that it is up to parents, not schools, to decide whether their child should be forced to wear a mask. Paxton tweeted last night that he strongly disagreed with the Yeakel order preventing him from suing other schools. And his office is considering all legal options to challenge the decision. It should be quickly challenged before the Conservative Court of Appeals for the Fifth Circuit. Again, lawyer Rogers. A wave of anarchy sweeps #Texas.Je will stop it. Investigators will investigate whether the Texas Education Agency « could prevent school districts in the state from considering or meeting the needs of students with disabilities due to Texas` policy that prohibits school districts and individual schools from requiring the use of face masks to reduce the risk for students and others to contract COVID-19. According to a letter from Suzanne B. Goldberg, the United States.

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