A federal judge overruled Texas Gov. Greg Abbott’s ban on mask mandates in schools, opening up the ability for school districts to set their own rules.
Days after Abbott issued the order in August, Disability Rights Texas, a nonprofit advocacy group, filed the lawsuit on behalf of several families of students with disabilities, according. They claimed that the ban put students at risk by allowing unmasked students to potentially spread the virus in classrooms and prevented schools from providing accommodations for vulnerable students.
Yeakel noted that more than 211,000 Texas students had tested positive for COVID-19 between the beginning of the school year and the end of October. What’s more, at least 45 districts in the state have temporarily shut down because of outbreaks among students and staff, NPR reported. Under Yeakel’s ruling, the state will be prohibited from imposing fines, withholding educational funding, or suing school districts that require students to wear masks. Ken Paxton, the attorney general for Texas who was named as a defendant in the lawsuit, had already sued 15 districts to overturn local mask mandates, NPR reported.
“We are thankful that school districts can now take the steps necessary to protect these students,” Kym Davis Rogers, a litigation attorney at Disability Rights Texas, said“No student should be forced to make the choice of forfeiting their education or risking their health, and now they won’t have to,” she said.: “A judge says Texas’ ban on mask mandates violates the rights of students with disabilities.
U.S. District Court for the Western District of Texas Austin Division: “Case 1:21-cv-00717-LY, filed Nov. 10, 2021.”Disability Rights Texas: “Federal Judge Rules Governor Order Banning Mask Mandates Violates Federal Law.”
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