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However, a panel of judges of the Fifth Circuit Court of Appeals reversed this injunction and ruled on December 2 that the school mask mandate ban will remain in full effect while they consider the case.
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The group also claims that the American Rescue Plan Act (ARPA), a federal COVID-19 relief package sent out by Congress under the Biden administration, authorizes schools to set their own health plans.ĭisability Rights Texas won at district court when Judge Lee Yeakel enjoined the state from enforcing Abbott’s order, allowing mask mandates in schools statewide. While local governments have been fighting Abbott in state court, another case has been proceeding in federal court.Īn advocacy group called Disability Rights Texas sued the state on behalf of seven children with disabilities or fragile immune systems, claiming that Abbott’s mask mandate ban puts them in danger of COVID-19 infection and thus prevents them from going to school. According to his most recent records, he has not sued any charter schools that require masks. Attorney General Ken Paxton has sued several school districts in state court over the mandates, and the Supreme Court of Texas has temporarily upheld Abbott’s order more than once. San Antonio ISD, which has been fighting Abbott’s mask mandate in state court, announced that it would comply with the Fifth Circuit’s order.Ībbott forbade school mask mandates first in May with his executive order GA-36 before doubling down in July with executive order GA-38, which threatens schools that require masks with fines of up to $1,000.Īround the beginning of the school year, school districts and charter networks around the state began defying GA-38 and requiring masks. Nonetheless, the recent ruling has persuaded some districts to end their mask mandates. Rather, it is based on state law, and the right of local districts to make health and safety decisions regarding their students.” “HISD, along with other school districts, is a party to a separate lawsuit in state court that is not based on the federal laws protecting students with disabilities. This mandate remains in place for HISD schools,” the district stated. “The ruling does not impact the requirement that students, staff, and visitors must wear masks while on HISD property.