Texas Warns Health Authorities Not To Inhibit School Enrollment

AUSTIN, TX — Texas Attorney General Ken Paxton issued "guidance" Tuesday on school openings for the upcoming academic year amid ongoing spread of the coronavirus, amounting to a warning for health authorities saying they lack the authority to issue orders inhibiting enrollment.

The guidance was sparked by a request from Stephenville Mayor Doug Svien, Paxton said in an advisory.

While playing an important role in protecting the health of school children and employees, Paxton noted, local health authorities may not issue sweeping orders closing schools for the sole purpose of preventing future COVID-19 infections, he added. Rather, their role is "...limited by statute to addressing specific, actual outbreaks of disease. School officials, both public and private, are the appropriate ones to decide whether, when, and how to open school," he said.

Don't miss the latest coronavirus updates from health and government officials in the Austin area. Sign up for Patch news alerts and newsletters for what you need to know daily.

Paxton explained the impetus for his guidance: “Education of our children is an essential Texas value and there is no current statewide order prohibiting any school from opening,” Paxton said in a prepared statement. “While local health authorities may possess some authority to close schools in limited circumstances, they may not issue blanket orders closing all schools on a purely preventative basis. That decision rightfully remains with school system leaders.”

Read Paxton's letter here.

Paxton's addendum follows back-to-school guidance previously issued by the Texas Education Agency earlier this month. Agency officials termed the protocol as updates to guidance issued the previous week pertaining to public health planning guidance for the 2020-21 academic year. The previous guidance was designed to prepare students, teachers and staff to safely return to school campuses for daily, in-person instruction, officials said.

See updated Texas Education Agency guidelines here

As part of its guidance, the education agency said public school districts can allow students to start the upcoming school year with up to eight weeks of online-only instruction. Moreover, school districts have the option of maintain computer and internet access for online-only classes among high school students for up to 60 percent of each grading period.