Texas Attorney General Sues More School Districts That Require Masks

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Dallas

The Texas attorney general’s office filed even more lawsuits Tuesday against districts that require students to wear masks to school.

Texas Attorney General Ken Paxton announced it filed suit against nine more school districts, including the Waco and Paris independent school districts. In August, Paris — a 3,800-student district about 100 miles northeast of Dallas — added masks as part of the school’s dress code “to address health issues in light of (the) pandemic.”

On Friday, Paxton filed a lawsuit against Richardson ISD, following through on his pledge to sue school districts who mandate masks.

The districts defied Gov. Greg Abbott’s executive order prohibiting local entities from requiring masks. The Richardson ISD trustees voted in early September to affirm Superintendent Jeannie Stone’s decision to require face coverings, after they were forced to close an elementary school because of a spike in COVID-19 cases and a 6th grader was admitted into the intensive care unit.

Paxton noted in a release that the office anticipates filing additional lawsuits against the districts flouting the governor’s order. This could include Dallas ISD — the first to openly defy Abbott.

“Not only are superintendents across Texas openly violating state law, but they are using district resources — that ought to be used for teacher merit raises or other educational benefits — to defend their unlawful political maneuvering,” Paxton said in a statement.

Texas is monitoring how the new coronavirus is impacting schools across the state.

In a district statement, Richardson spokesperson Tim Clark stated that “RISD has not been served with such a lawsuit and does not comment on pending litigation.”

RISD officials determined masks are necessary to protect students and staff amid a surge of COVID-19 cases driven by the highly contagious delta variant. More than half of all public school students are too young to get the vaccine. The Centers for Disease Control and Prevention recommends universal masking inside schools.

“We’re seeing COVID become increasingly bad. Having to shut down Brentfield (Elementary) was an eye-opener to us,” Richardson ISD board President Karen Clardy said after last week’s emergency meeting.

This information is no longer being updated. The last data update was on May 23, 2022.

MASK MANDATE BAN IN EFFECT

1. Florida

On Sept. 22, Florida's surgeon general instituted a rule that gives parents and legal guardians "sole discretion" over masking in schools. On Nov. 5, a judge sided with the state health department in a legal challenge to rule. On Nov. 18, Gov. DeSantis signed a bill that allows parents to sue school districts that require masks.

2. Georgia

On March 29, Gov. Kemp signed the “Unmask Georgia Students Act” which allows parents to exempt their child from a school mask requirement. The law went into effect immediately.

3. Iowa

On Sept. 13, 2021, a federal judge ordered Iowa to halt enforcement of its law banning mask mandates in schools. On Jan. 25, 2022, a federal appeals panel narrowed that injunction. Iowa’s attorney general announced the state is not enforcing the ban while awaiting further action from the court. On May 16, 2022 a U.S. Court of Appeals lifted the injunction.

4. Oklahoma

On Sept. 1, an Oklahoma judge temporarily blocked the state law banning school mask mandates, but students or their parents can still opt out of school mask mandates if they choose.

5. Utah

In Utah, local health departments can issue 30-day school mask mandates with approval from the state or county government, according to the state’s top education official.

6. Virginia

On Jan. 15, Gov. Youngkin issued an executive order allowing parents to opt their child out of any school mask mandate. It effectively rescinded the state's school mask requirement that had been in place since August. That executive order was later halted by a judge. On Feb. 14, the Virginia legislature passed a measure that bans school mask mandates. That bill was signed by the governor on Feb. 16 and went into effect on March 1.

MASK MANDATE BAN BLOCKED, SUSPENDED, OR NOT BEING ENFORCED

1. Arizona

On Sept. 27, a judge in Arizona blocked the state laws banning mask mandates that were set to take effect on Sept. 29. On Nov. 2, the Arizona Supreme Court upheld that ruling. On April 25, Gov. Ducey signed HB2616, which prevents schools from requiring a student to wear a mask without first getting parental consent. The ban, which replaces the one blocked by the courts, will go into effect 90 days after the legislature adjourns.

2. Arkansas

An Arkansas judge ruled on Dec. 29, that a law signed by the governor in April that prohibited local officials, including school boards, from setting mask mandates was unconstitutional. School districts have been able to set their own mask requirements since August when the judge put the law on hold.

3. South Carolina

On Sept. 28, a federal judge suspended South Carolina from enforcing the rule that banned school districts from requiring masks for students.

4. Tennessee

On Dec. 10, 2021, a federal judge temporarily blocked Tennessee from preventing schools from issuing mask mandates. An appeals court upheld the court's order on May 10, 2022.

5. Texas

On March 17, an appeals court upheld an injunction that blocked Gov. Abbott's executive order banning mask mandates in schools, finding it is unlawful and exceeding the governor's authority. This is not the first time the state's ban has been halted by a judge.

MASK REQUIREMENT IN EFFECT

1. Hawaii

Although Hawaii's state-wide indoor mask mandate ended on March 25, indoor masking will still be required in public schools at least through the summer.

PREVIOUSLY HAD MASK REQUIREMENT

1. California

On Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.

2. Connecticut

On Feb. 7, Gov. Lamont announced that the school mask rule would expire Feb. 28. He signed a bill on Feb. 15 that made the expiration date official.

3. Delaware

On Feb. 7, Gov. Carney amended his emergency order to allow his state-level school mask requirement to expire March 31. On Feb. 28, he announced that masks would no longer be required effective at 6:00 p.m. on Tuesday, March 1.

4. District of Columbia

On March 8, the department of health released updated guidelines that recommend universal masking only when community COVID-19 levels are high.

5. Illinois

On Feb. 5, a judge issued a temporary restraining order on the governor's statewide mask requirement. On Feb. 25, the state supreme court vacated that order. On the same day, the governor announced he would lift the requirement on Feb. 28.

6. Kentucky

Kentucky's school mask mandate ended in September, when the state legislature voted to limit the governor’s emergency powers.

7. Louisiana

According to a State of Emergency proclamation issued Nov. 23, which was extended on Jan. 19, students were required to wear masks in schools, but districts could opt out of the mandate if they adopted an isolation and quarantine policy consistent with the state's department of health protocols. On Feb. 16, Gov. Bel Edwards extended the order without requiring masking in schools.

8. Maryland

On Jan. 5, the mask mandate was extended for 180 days, but allowed school districts to opt out if certain vaccination rates were met. On Feb. 22, the state board of education voted to rescind the mandate. On Feb. 25, a state legislative committee gave final approval to lift the mandate effective March 1.

9. Massachusetts

On Sept. 27, the state began allowing schools to apply for a waiver from the face covering rules for vaccinated individuals if certain vaccination rates were met. On Feb. 9, officials announced the statewide mask requirement for K-12 schools would be lifted on February 28.

10. Nevada

On Feb. 10, Gov. Sisolak announced the immediate suspension of the school mask requirement. The previous mask requirement had only applied to counties with populations of 100,000 people or more.

11. New Jersey

On Feb. 7, Gov. Murphy announced plans to end his state’s school-mask requirement on March 7.

12. New Mexico

On Feb. 17, Gov. Grisham announced the end of the mask requirement, effective immediately.

13. New York

On Jan. 24, a judge struck down the state's mask mandate. A day later, an appeals judge restored the mandate. On Feb. 27, Gov. Hochul announced the mandate would be lifted on March 2.

14. Oregon

On Feb. 7, health officials said the state would drop its school mask requirement no later than March 31. On Feb. 24, the Oregon Health Authority announced the requirement would lift on March 19. However, on Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.

15. Pennsylvania

A statewide mask mandate for Pennsylvania schoolchildren was thrown out by the state Supreme Court on December 10.

16. Rhode Island

On Feb. 9, Gov McKee announced the school mask mandate would only remain in effect until March 4. On Feb. 15, he signed an executive order specifying that the order would take effect at 5 p.m. on March 4.

17. Virginia

On Jan. 15, Gov. Youngkin issued an executive order allowing parents to opt their child out of any school mask mandate. It effectively rescinded the state's school mask requirement that had been in place since August. That executive order was later halted by a judge. On Feb. 14, the Virginia legislature passed a measure that bans school mask mandates. That bill was signed by the governor on Feb. 16 and went into effect on March 1.

18. Washington

On Feb. 17, Gov. Inslee announced the state's school mask requirement will end effective March 21. However, on Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.
NOTES
In January 2022, the Missouri attorney general, Eric Schmitt, sued some school districts that required masks, citing a November ruling by a county judge that said local health orders tied to COVID-19 were illegal. (The ruling was interpreted differently by different districts.) The state’s treasurer announced he would also crack down on schools with mask mandates. In mid-March, Schmitt began dropping lawsuits against school districts that no longer required masks. On May 19, 2022 Schmitt announced new lawsuits against several districts that had reinstated mask requirements.
On Feb. 23, 2022, New Hampshire’s governor announced the state was no longer recommending universal indoor masking and therefore schools have to end mask mandates, arguing they violate state education department rules. Soon after, the department advised districts that the mandates “are inconsistent with” their rules. There’s disagreement over whether districts still have the authority to require masks, but at least one district changed its policy in response. A bill that would have banned mask mandates was vetoed by Gov. Sununu in May 2022.
Updated 5/23/2022 | Sources: Local media reports, Education Week reporting | Learn more here

Richardson is among the first Texas districts to be sued by Paxton. Friday he also filed suit against the Galveston, Elgin, Spring, and Sherman school districts, according to his office.

Paxton has railed against the dozens of school districts and counties who stood firm on mask mandates, repeatedly posting on social media that he would sue them all. Paxton’s office maintains an ever-evolving list of local entities that are mandating masks.

Meanwhile, Abbott’s order is tied up in both state and federal courts as districts and advocates push for mask mandates to be local decisions.

Dallas County Judge Clay Jenkins is locked in a legal fight with the state over his decision to impose a local mask mandate for businesses and schools.

Disability Rights Texas recently escalated the legal battle, filing a federal lawsuit against Abbott, alleging his order unfairly harms children with disabilities.

Richardson trustees also recently voted to join an existing multidistrict lawsuit challenging Abbott’s ban, which argues the governor’s executive order exceeds his authority and infringes on local control.

Paxton’s move could have federal implications, as well. The U.S. Department of Education’s Office for Civil Rights recently opened investigations into five states that prohibit mask mandates, saying such bans may violate the federal law meant to protect students with disabilities.

Department officials indicated they had not opened an investigation into Texas because its ban isn’t currently being enforced because of court orders.

The legal wrangling over masks comes as schools are reporting thousands of new COVID-19 cases.

Schools statewide reported that nearly 74,000 students have tested positive just weeks into this school year, according to Texas Education Agency data. The state reported about 148,000 positive COVID-19 student cases for all of the last school year. Nearly 5.4 million students attend public schools in Texas.

Richardson, which enrolls roughly 37,400 kids, recorded more than 720 student cases just since early August. The district counted about 1,850 student cases total during last school year when many students were learning virtually.

RISD health services director Ashley Jones said at last week’s meeting that she’s heard from school officials that some parents are coming together and deciding not to test their children on purpose.

“This is the environment that we are starting our school with,” she warned.

The district closed Brentfield for 10 days after almost a quarter of its students were absent from in-person school last week, including 29 people with active COVID-19 cases.

The trustees said during their meeting that their main priority was keeping kids learning in-person, as safely as possible.

Talia Richman

The Dallas Morning News