Friday, November 12, 2021

Federal judge says Texas’ ban on mask mandates violates the rights of students with disabilities. (NY Times)

Misguided Republican Governors in Texas and Flori-DUH don't give a fig about disabled students' rights, but our federal courts do! 

From The New York Times: 

A judge says Texas’ ban on mask mandates violates the rights of students with disabilities.

Students and teachers wearing their school-required masks waited for their parents to arrive outside Lamar Elementary School in San Antonio, Tx., in August.
Credit...Matthew Busch for The New York Times

A federal judge ruled on Wednesday that Gov. Greg Abbott’s ban on mask mandates in Texas schools violates the rights of students with disabilities, clearing the path for districts in the state to issue their own rules for face coverings, a decision that could affect more than five million students.

The ruling comes after months of politicized disputes over measures at the state level opposing mask-wearing policies that had been intended to prevent the spread of Covid.

The lawsuit, which sought to overturn the mandate, was filed on behalf of several families of students with disabilities and the organization Disability Rights Texas. They stated that the defendants — the state’s attorney general, Ken Paxton; the commissioner of the Texas Education Agency, Mike Morath; and the Texas Education Agency — had put students with disabilities at risk through their complete erasure of mask mandates.

The governor and some other state officials have maintained that protecting against the virus is a matter of personal responsibility.

Judge Lee Yeakel, who made the ruling in the suit filed in the United States District Court for the Western District of Texas, determined that the order from the governor violated the 1990 Americans With Disabilities Act because it put children with disabilities at risk.

The ruling also prohibits Mr. Paxton from enforcing the order by Mr. Abbott, who has repeatedly opposed Covid-related mandates.

“The spread of Covid-19 poses an even greater risk for children with special health needs,” Judge Yeakel said. “Children with certain underlying conditions who contract Covid-19 are more likely to experience severe acute biological effects and to require admission to a hospital and the hospital’s intensive-care unit.”

The State Supreme Court has repeatedly allowed the governor’s ban to remain in effect, but the impact of Wednesday’s federal ruling could ripple across the country in similar cases in other states.

Responding to the ruling in a statement, Mr. Paxton said that he disagreed, adding that his office was “considering all legal avenues to challenge this decision.”

Mr. Abbott’s office did not immediately respond to requests for comment on Wednesday night. Mr. Morath office also did not immediately respond.

The lawsuit was first filed in August, at the onset of the fall semester. Disability Rights Texas argued that school district leaders should make their own decisions about mask mandates based on the Covid transmission in their area and on their students’ needs.

The order from the governor, Judge Yeakel said, excluded “disabled children from participating in and denies them the benefits of public schools’ programs, services, and activities to which they are entitled.”

Several school districts had altered or undone their mask mandates since Mr. Abbott’s order.

Mr. Paxton sent letters to superintendents of school districts threatening them with “legal action by his office to enforce the governor’s order and protect the rule of law,” if they did not rescind their mask mandates, according to court documents. On Sept. 10, Mr. Paxton filed lawsuits against six school districts, the documents show.

The Justice Department signaled support for the lawsuit against the state in September, saying in a formal statement that “even if their local school districts offered them the option of virtual learning,” the ban still violated the rights of students with disabilities.

A version of this article appears in print on Nov. 11, 2021, Section A, Page 20 of the New York edition with the headline: Ruling in Texas Allows Schools To Issue Own Rules on Masks

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