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Arissa Viering | 7/28/2020 | Goodday Mineral Wells | School Updates

On July 28th, 2020, Attorney General Paxton and Texas Education Commissioner Morath released further statements and guidance regarding the reopening of school during the COVID-19 pandemic.

Attorney General Ken Paxton issued guidance on 7/28/2020 on the opening of local schools for the upcoming school year, during the ongoing COVID-19 pandemic:

While playing an important role in protecting the health of school children and employees, local health authorities may not issue sweeping orders closing schools for the sole purpose of preventing future COVID-19 infections. Rather, their role is limited by statute to addressing specific, actual outbreaks of disease. School officials, both public and private, are the appropriate ones to decide whether, when, and how to open school.  

“Education of our children is an essential Texas value and there is no current statewide order prohibiting any school from opening,” said Attorney General Paxton. “While local health authorities may possess some authority to close schools in limited circumstances, they may not issue blanket orders closing all schools on a purely preventative basis. That decision rightfully remains with school system leaders.”

Attorney General Paxton

Shortly after, the Texas Education Commissioner, Mike Morath, released an announcement affirming said guidance from the Attorney General:

“As a state agency, we will follow the Attorney General’s guidance. Consequently, a blanket order closing schools does not constitute a legally issued closure for purposes of funding solely remote instruction for an indefinite period of time. However, another valid funding exception may apply, such as start-of-year transition period. For example, school systems may begin the year virtually under TEA funding waivers for up to four weeks, and subject to a vote of the local school board, can extend that for an additional four weeks. TEA will also continue to adjust its waivers as the situation warrants. Protecting the health of students, teachers, and staff remains our first priority.”

Texas Education Commissioner Mike Morath

https://www.texasattorneygeneral.gov/news/releases/ag-paxton-issues-legal-guidance-school-reopening

https://tea.texas.gov/

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