Private Schools, Parents Won't Drop Lawsuit Against MoCo Just Yet

ROCKVILLE, MD — Private schools and private school parents aren't dropping their lawsuit against Montgomery County despite a top health official rescinding his controversial ban on in-person classes through Oct. 1.

Timothy Maloney, an attorney representing the plaintiffs, said that a court hearing scheduled for Friday was canceled, but the case remains as they wait to see how Dr. Travis Gayles "treats religious and private schools going forward."

"Now is not the time for litigation but for cooperation," said Maloney. "Schools and parents seek to collaborate with the county health officer as they make safe reopening decisions."

The legal tug-of-war over reopening private schools began after the county health officer — a pediatrician by training — issued an order earlier this month that delayed in-person instruction at private and parochial schools.

Quick to criticize the public health directive, Maryland Gov. Larry Hogan issued an amended emergency order that stripped county governments of their power to prohibit blanket school closures due to COVID-19.

Despite a lawsuit from the private school community and backlash from the governor, Gayles rescinded his first order and issued a second one.

Unlike the original directive, this one cited state law that said health officers could "take any action or measure necessary to prevent the spread of communicable disease."

Then Gayles rescinded it. The move came after the state issued a policy that said all schools, private or public, "be provided with the individualized opportunity to determine how they are able to comply with the federal and state COVID-19 guidance to reopen safely and protect students and staff."

Despite backing down, Gayles maintains that classes should remain online due to the risks posed by COVID-19.

SEE ALSO:

• MD Counties Stripped Of Power To Order Blanket School Closures
• Gayles Issues New Private School Directive, Defies Hogan's Order
• Controversial Private School Directive Rescinded By County