Texas Attorney General Issues Legal Guidance on School Reopening

Texas AG Ken Paxton

AUSTIN (WBAP/KLIF) – Attorney General Ken Paxton issued guidance Tuesday on the opening of local schools for the upcoming school year, during the ongoing COVID-19 pandemic.

According to Paxton, the guidance was in response to a request from Stephenville Mayor Doug Svien.

The Attorney General said that while playing an important role in protecting the health of school children and employees, local health authorities may not issue sweeping orders closing schools for the sole purpose of preventing future COVID-19 infections. He clarified 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.

Earlier this month, Dallas County HHS banned in-person classes until at least September 8. Tarrant County Health officials delayed most on-campus learning  until September 28.

“Education of our children is an essential Texas value and there is no current statewide order prohibiting any school from opening,” said Attorney General Paxton. “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 a copy of Paxton’s letter here

Listen to Clayton Neville’s story below:

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