Probe follows TEA’s support of ban
Federal investigation into mask prohibition a matter of civil rights
The U.S. Department of Education on Tuesday launched a civil rights investigation into Gov. Greg Abbott’s ban on mask mandates in schools.
The investigation will focus on whether students with disabilities who are at heightened risk for severe illness from COVID-19 are prevented from safely returning to inperson education, in violation of federal law, Suzanne B. Goldberg, the acting assistant secretary for civil rights, wrote in a letter to Texas Education Commissioner Mike Morath.
The probe comes as the Texas Education Agency released new guidance saying public school systems cannot require students or staff to wear masks to prevent the spread of COVID-19 because of Abbott’s order prohibiting mask requirements.
Attorney General Ken Paxton has sued several school districts for imposing mask requirements on students and teachers, and some districts have sued the state over the governor’s order. The lawsuits have produced mixed results with some courts upholding districts’ mask mandates and some siding with the attorney general.
Goldberg wrote in the Education Department letter that it is “unclear whether this prohibition remains in place even if the school or district determines, given the COVID-19 transmission rates in the
surrounding area, that a mask requirement is necessary to protect students with disabilities.”
Guidance released by TEA on Friday said Abbott’s executive order precludes districts from requiring face coverings.
“Per GA-38, school systems cannot require students or staff to wear a mask. GA-38 addresses government-mandated face coverings in response to the COVID-19 pandemic,” the statement reads. “Other authority to require protective equipment, including masks, in an employment setting is not necessarily affected by GA-38.”
The agency previously had said it would not enforce the governor’s ban until the issue was resolved in the courts.
TEA officials Tuesday did not immediately respond to requests for comment on the new guidelines and questions about how the agency would enforce the ban.
The agency has not yet clarified what prompted the new guidelines, given that the legal battles regarding the order are ongoing.
Last month, Abbott and Paxton acknowledged in court filings that they do not have the power to enforce the ban on mask mandates. Abbott said at that time that local district attorneys have the authority to enforce the ban.
Renae Eze, a spokesperson for the governor’s office, said in an email Tuesday
that Abbott’s order can be carried out by state and local law enforcement.
In the Houston region, Aldine, Channelview, Galena Park, Galveston, Houston, Spring and Texas City ISDs currently require masks in school buildings.
Aldine ISD will continue to mandate face coverings in its schools, spokeswoman Valonia Walker wrote in an email Tuesday.
“Aldine ISD’s top priorities continue to be the safety and academic success of all students,” she said. “At this time, Aldine ISD will continue to require universal masking for anyone age 2 and older at every Aldine ISD campus, district building and school bus.”
Texas City ISD also will continue to require masks, said Melissa Tortorici, director of communications for the district.
“The district believes that masking is a mitigating measure that will assist with keeping staff and students safe,” Tortorici said. “The Texas City ISD board of trustees has established the requirement that masks will be worn indoors on all district facilities.”
The Texas State Teachers Association plans to continue supporting school systems that do require masking, spokesman Clay Robison
said.
“We support the districts that are continuing to defy the governor’s order banning mask mandates,” he said. “Unlike the governor, they understand how dangerous this pandemic is.”
A handful of districts are suing Abbott over the order, including Aldine, Houston, Spring and Dallas ISDs.
A federal judge earlier this month moved to fasttrack a lawsuit filed on behalf of 14 Texas schoolchildren with disabilities whose lawyers argue Abbott’s mask order breaks federal law by discriminating against them because they are particularly vulnerable to COVID-19.
Lawyers representing the children in that lawsuit, which names Paxton, Abbott and TEA as defendants, also said the governor’s order preempts the federal American Rescue Plan, a relief bill signed into law earlier this year, which provides discretion for school districts to follow federal Centers for Disease Control and Prevention recommendations.
As part of its defense in that case, attorneys from Paxton’s office said no one in the state actually is enforcing the order.
Last week, a Galveston County judge denied an attempt by Paxton to stop Galveston ISD from mandating masks. The next hearing on the case is slated for Sept. 28.
“Unlike the governor, (districts) understand how dangerous this pandemic is.”
Clay Robison, spokesman for the Texas State Teachers Association