Gayles Issues New Private School Directive, Defies Hogan's Order

SILVER SPRING, MD — Montgomery County's top health official has doubled down on his order to delay-in person instruction at private schools, despite backlash from the governor and lawsuits from parents.

Dr. Travis Gayles on Wednesday issued a new directive prohibiting non-public schools from reopening until Oct. 1, "or until rescinded, superseded, amended, or revised by additional orders."

The directive, which replaces a similar one issued last week, defies an executive order by Gov. Larry Hogan that strips county health officers of their power to prohibit blanket school closures.

Unlike last week's directive, this one cites state law that says health officers can "take any action or measure necessary to prevent the spread of communicable disease."

It also removes language that says a person who intentionally violates this order risks jail time.

At a COVID-19 media briefing on Wednesday, Gayles said that the data and science did not suggest that in-person instruction was safe.

At the time, half a dozen parents of students in Montgomery County private schools had already filed a lawsuit against Gayles.

The suit alleges that Gayles "usurped the authority of religious and other private school leaders to make their own decisions as to when and how to reopen."

It also spoke about the time and money private schools spent to retrofit their buildings and to allow for a safe reopening in the fall.

"The Health Officer issued his directive despite the fact that religious and other private schools have spent thousands of hours and millions of dollars retrofitting their schools and preparing for a safe reopening," the suit read.

"Public schools are closed because their leaders made a decision which they believed was in their best judgment, exercising the discretion afforded to them under law. Public schools have the right to make this decision," according to the suit. "The Montgomery County public school system has 162,680 students and 23,347 teachers and staff, most of whom are covered by extensive collective bargaining agreements. Clearly, the County public school system faces many different and more complex considerations than small, private schools."