Lawsuit filed to reopen schools
The Center for American Liberty filed a lawsuit on behalf of several individuals from Southern California on Tuesday to allow schools to reopen for in-person learning.
On Friday, Governor Gavin Newsom issued a mandate not allowing schools to reopen for inperson learning in counties, including Tulare County, on the state watch list. The lawsuit was filed against Newsom, State Attorney General Xavier Becerra, State Public Health Officer
Sonia Angell and State Superintendent of Schools Tony Thurmond.
The lawsuit was filed in the U.S. District Court for the Central District of California Western Division.
“This decision by the Governor violates the California constitutional guarantee to a basic education, federal due process and equal protection guarantees, and the federal right to an effective education for disabled children,” The Center fo American Liberty stated.
“Governor Newsom’s decree that both public and private school facilities will remain closed at the start of the fall semester, flies in the face of science, data, and the knowledge learned from the failed online education experiment of the 2020 spring semester in California’s schools, in which large portions of the children were unable to log on and access online learning — or if they could, experienced at best ineffective and at worst, nonexistent instruction. What’s more, family after family has reported the deleterious effect of being shut-in on their children’s physical and mental health, and have seen them withdraw and lose hope just as they should be focusing on growing, learning, and seeking a better future through education.”
The Center for American Liberty also stated pediatricians and education experts agree school opening decisions must be driven by science and data, and warn of the consequences of school closures on student and family health.the Center For American Liberty accused Newsom of a one-size-fits-all approach when it came to his mandate for the affected counties.
“One-size-fits-all is exactly what Governor Newsom has decreed, rather than leaving it to school districts and private schools — some of which were fully prepared to safely open this fall, with elaborate preparations for social distancing, PPE, staggered classes, no-contact sports, sanitization, and provision for distance learning as well — to make decisions they are better suited to make,” it stated.
“The Governor’s decision to shut down educational facilities in more than 30 counties denies children in these counties their right to a basic education,” said Harmeet K. Dhillon, Chief Executive Officer of the Center for American Liberty. “California taxes citizens and spends $100 billion of state and federal dollars annually on education. This year, there will be little to show for that massive spending, other than increased depression, suicide risk, stunted learning, and the shattered dreams of millions of California children. California families — particularly the most vulnerable — will suffer economic loss, heartbreaking personal
choices, and a state that utterly fails its obligations, all based on politics and not science.
“Governor Newsom’s plan picks winners and losers in schooling based on zip code and tax bracket. Many legal battles in this state have been fought and won to prevent exactly this result. Wealthy parents can still hire tutors and educate their children at home, while most will be forced to choose between their jobs and their children. Special needs children are left out in the cold altogether, despite federal and state mandates. California cannot ignore its legal duties and harm these children, and we will not stand by to see a repeat of the failures of the spring and the lasting impacts on many California families.”
The lawsuit also acknowledges elementary schools in the counties on the state watch list may apply for a waiver from the state to reopen for in-person learning.