Newsom’s school plan too restrictive, judge says

A judge says two features of Gov. Gavin Newsom’s plan for reopening public schools in California are too restrictive: a requirement to keep students’ desks 4 feet apart, and, for highrisk “purple tier” counties, a ban on inperson instruction in grades seven through 12.

Newsom’s Jan. 14 “Framework and Public Health Guidance” for schools in the COVID19 pandemic set detailed standards for returning students to the classroom and protecting the health of students and staff. The governor also signed legislation this month providing state funding to districts that reopened and complied with the safety standards.

But San Diego County Superior Court Judge Cynthia Freeland said the state had failed to present medical evidence to justify the desk spacing requirement or the purpletier rule allowing inperson learning only in elementary schools.

In a lawsuit by six students in San Diego County, Freeland issued a statewide temporary restraining order Wednesday putting those restrictions on hold at least until April 1.

She will then hear arguments for a preliminary injunction, which would be longer lasting but which the state could challenge in an appellate court.

Freeland said the 4foot distance requirement was “arbitrary” and a change from earlier standards that recommended 6 feet of space between desks but allowed shorter separations if necessary. Opponents of the mandatory separation said it would reduce the number of students who could attend class.

She also noted that California law requires school districts “to offer inperson learning to the greatest extent possible.” Remote instruction is less effective, reduces students’ ability to fully participate in the education system, and has led to “alarming rates” of depression, drug use and suicidal thoughts, Freeland said.

The ban on inperson instruction for grades seven through 12 applies to the 11 inland counties in the purple tier because of high coronavirus rates. They include San Joaquin, Stanislaus and Fresno counties, but none in the Bay Area.

In defense of the restriction, the state presented a medical expert witness, Dr. James Watt, who said teenagers were more susceptible to the virus than elementary school children. But Freeland said Watt failed to present evidence to support his conclusions.

Troy Flint, spokesperson for the California School Boards Association, said Friday the ruling should not compel schools to change their practices immediately, at least at this early stage of the case.

He noted that schools were still free to keep desks at least 4 feet apart, even if they were not required to do so. And school districts’ prospects for reopening may depend on reaching agreement with teachers unions, Flint said.

“It makes sense to see how the legal process plays out,” he said. “Most districts are well on the road toward returning to inperson instruction. If so, it probably makes sense to wait before adjusting those plans.”