Sunday, April 4, 2021

From the Texas Tribune: Parents sue Katy ISD for keeping mask mandate after Gov. Greg Abbott lifted statewide requirement

For 2306's written assignment this week

Explain the conflict here, and use it to illustrate the relationship between the state and local governments.

- Click here for the article.

A group of parents are suing the Katy Independent School District, calling its continued requirement for masks in schools unconstitutional and a violation of Gov. Greg Abbott’s executive order from last month that lifted the statewide mask mandate, among other COVID-19 safety restrictions.

The lawsuit, filed Thursday by a Houston attorney for parents Bonnie Anderson, Jenny Alexander, Doug Alexander, Heather Calhoun and Stephen Calhoun, takes issue with the district’s safety protocols for in-person schooling, specifically its requirement that students wear masks in hallways, buses and other common areas.

When Abbott announced his executive order, he did not address the ways rescinding the mask mandate affected public schools. In a later interview with radio host Chad Hasty, Abbott said he expected the Texas Education Agency to leave the decision to require masks up to local school boards.

The agency’s updated mask policy has allowed “local school boards have full authority to determine their local mask policy,” according to its website. In public planning guidance, the agency also recommends the use of masks.

Under Katy ISD’s policies, students who don’t comply with the mask policy will be moved to online school and aren’t allowed to participate in other student activities. Those who have medical conditions that preclude them from wearing masks must notify the school nurse and have documentation from their medical provider, according to the policy.

The lawsuit also argues under the U.S. Supreme Court’s decision in Brown v. Board of Education that forcing students to switch to virtual school is a form of “separate but equal” discrimination.

The Supreme Court case’s ruling focused on segregation between Black and white students in public schools and discrimination on the basis of race.