Texas AG says schools trump health officials on class start

AUSTIN — Local health officials in Texas do not have the authority to close schools to prevent spread of the coronavirus, state Attorney General Ken Paxton said Tuesday, pushing that decision solely into the hands of school officials.

Paxton issued a “legal guidance” letter on schools amid fierce debate among local governments, health officials, parents and teachers on when schools should open in a state that has become one of the nation’s hot spots in the pandemic.

Texas has seen new confirmed virus cases, hospitalizations and deaths surge during July. On Tuesday, Texas reported 164 new deaths, bringing the state total to nearly 5,900, with nearly 10,000 COVID19 patients in the hospital.

Dozens of cities, counties and school districts — including in the most populous areas — have already decided to delay school reopenings for the upcoming academic year.

In Dallas, health officials have prohibited in-person classes until at least Sept. 8 and similar orders are in place in Houston. Paxton’s letter sent them scrambling to check its impact on their decisions and set up the potential for legal challenges.

“Our actions to save lives from this crisis should be guided by public health, science, and compassion for the health and safety of our residents — not politics,” said Harris County Judge Lina Hidalgo.

Paxton, a Republican, said local health officials’ authority is limited to addressing “specific, actual outbreaks of disease.” He previously said local health orders closing schools didn’t apply to private religious schools.

“While playing an important role in protecting the health of school children and employees, local health authorities may not issue sweeping orders closing schools for the sole purpose of preventing future COVID-19 infections,” Paxton said.

The Texas Education Agency, which oversees public schools, meanwhile piled more pressure on, telling schools they risk losing state funding if they close campuses to comply with any order from local health authorities.

Republican Gov. Greg Abbott, who toured parts of South Texas hit by Hurricane Hanna, didn’t address Paxton’s guidance directly when speaking with reporters in Corpus Christi. But he said school opening decisions are best left to local education officials with input from health authorities.

“We have a duty to ensure we do not lose a generation of students because of this pandemic,” Abbott said. “We have an obligation to step up and make sure they are educated about reading, arithmetic, and things like that, but also they are educated in how to respond to challenges that may come their way in life. Pediatricians all recommend the best learning environment for a child is going to be in the classroom.”

The Texas State Teachers Association sharply criticized Paxton.

“We trust health experts, not the attorney general, when children’s lives are at stake,” the group said in a statement.