Enforcement in the state’s public school systems of Gov. Greg Abbott’s ban on mask mandates has been dropped, for now, the Texas Education Agency said Thursday.
In a public health guidance letter, the TEA said enforcement was being dropped because of ongoing court challenges to the ban. The letter said the new guidance is effective immediately and further guidance will be issued once the litigations are resolved.
Uh, no; that's not what the TEA said.
The guidance in this document is authorized by Executive Order GA-38, which has the effect of state law under Section 418.012 of the Texas Government Code. Executive Order GA-38 provides TEA with the legal authority to publish requirements for the operation of public school systems during the COVID-19 pandemic. This document takes effect immediately, replacing all prior guidance. TEA recommends that public school systems consult with their local public health authorities and local legal counsel before making final decisions regarding the implementation of this guidance. This guidance is subject to change as new information becomes available.
TEA is saying the Governor's orders have the force of law (a very bad idea the Lege needs to revisit), but also says school districts need to talk to their lawyers. This is not a sweeping change in what the Governor ordered, or what the schools must do. Basically, this letter says things in Texas are fucked and TEA is backing away from responsibility for that.
The first thing TEA does is require reporting of covid cases to local health departments, Texas State Health Services, and "all teachers, staff, and families of all students in a classroom or extracurricular or after-school program cohort if a test-confirmed COVID-19 case is identified among students, teachers or staff who participated in those classrooms or cohorts."
That's new; or old; but everything old is new again, so....
As for masks:
Please note, mask provisions of GA-38 are not being enforced as the result of ongoing litigation. Further guidance will be made available after the court issues are resolved.
That's it; that's all the letter says; which is not the same thing as Politico said. What TEA is saying is Situation Normal All Fucked Up (SNAFU for WWII history buffs) and "Talk to your lawyers, don't call us!" (FUBAR, or Fucked Up Beyond All Repair). Believe me, local school districts are being inundated with calls and e-mails about mask mandates, and many are responding "Tell the Governor!" TEA is doing the same; nothing more, nothing less.
As for infected students, I don't think this is new (Abbott is not quite DeathSantis):
As provided in this Department of State Health Services (DSHS) Rule, school systems must exclude students from attending school in person who are actively sick with COVID-19, who are suspected of being actively sick with COVID-19, or who have received a positive test result for COVID-19, and must immediately notify parents if this is determined while on campus.
Parents must ensure they do not send a child to school on campus if the child has COVID-19 symptoms or is test-confirmed with COVID-19, until the conditions for re-entry are met. See the DSHS rule for more details, including the conditions for ending the exclusion period and returning to school.
Politico is right about this:
The TEA guidance was issued in the wake of multiple court challenges mounted by parents, advocates for disabled children and local governments and school boards. Seven counties and 48 school districts have implemented mask mandates, Abbott’s ban notwithstanding. A state district court judge also has granted restraining orders to Harris County and several South Texas school districts that allow those entities to proceed with mask mandates. Another state district judge issued an order Thursday that allows Fort Bend County, which adjoins Harris County, to order mask-wearing in county buildings.
Which is why TEA is withdrawing any guidelines as to what school districts should do. The legal state of play right now is, to say the least, chaotic. And there's no reason to think matters re: covid infection have improved since August 8:
As of Aug. 8, the most recent total available from the Texas Department of State Health Services, 829 students and 872 staff members had tested positive for Covid-19. On Monday, the Iraan-Sheffield Independent School District in West Texas closed its schools for two weeks so students and staff could quarantine due to Covid-19.
One wonders if that school district will re-open anytime soon, since another covid case could easily appear within that two week period; and on, and on, and on...
Politico also notes this which, so far as I know, is also true:
The governor and Texas Attorney General Ken Paxton have said they would sue any entity that does not comply with the emergency order. No such lawsuit has been filed.
One wonders what they are waiting for, with 7 counties and 48 school districts to choose as targets. So far as I know no suit has been filed against Harris County*, which is requiring all school districts in the county to require masks on students, faculty, and staff on campus (some districts are following the order of the governor, again because they don't want to get caught between the State and the county in the courtroom. One sympathizes; lawyers are expensive, school budgets are strapped, and lawsuits offer no certainty children will be, in the end, protected.) So why hasn't Paxton filed suits with a shotgun blast? It can't be that hard to replicate the pleadings filed against Dallas and Travis counties. Is Abbott reconsidering the politics of his stance? Is Paxton's office in disarray? Does he not have enough lawyers available to back up his threats?
Inquiring minds want to know.
* I stand corrected; Harris County has itself filed suit against the state, something of a pre-emptive strike.
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