Texas Attorney General
Ken Paxton issued guidance
today regarding the lawfulness of public health orders when it comes to reopening schools. His guidance states:
"Districts are political subdivisions of the State, like cities and counties, and governed by boards of trustees who are elected by voters within the district. District trustees “have the exclusive power and duty to govern and oversee the management of the public schools of the district,” subject only to laws expressly delegating authority to TEA or the State Board of Education."
Further: "Therefore, a local health authorities may not issue blanket orders closing all schools in their jurisdiction on a purely prophylactic basis."
Education Commissioner Mike Morath explained that
if a school district is offering solely remote instruction that is not consistent with the guidelines given by the state, then such instruction would not qualify for funding. Local closure through blanket orders that are not lawful will not be recognized as a qualifier for state funding, and he explained that the AG's guidance makes it so that such orders are not lawful or binding for schools.
Therefore, TEA revised its guidance regarding the reopening of schools to reflect this guidance. A district may be fully virtual during a transition period (so long the district ensures every student is allowed access). Otherwise, unless a state closure order is in effect, the district must offer the opportunity for in-person instruction for those who choose that option.
Commissioner Morath stated that this new guidance from the AG really provides greater local control and district flexibility to meet student needs. Some school districts may hold a different perspective.
