Texas’ ban on mask mandates in public schools back in place after federal appeals court ruling

State News

Three-judge panel finds no "concrete, or actual or imminent, injury" caused by Abbott's ban on mask mandates.

Students waking in the hallway at Tibbals Elementary School place their arms in front as a reminder to socially distance in Murphy, Texas, Thursday, Dec. 3, 2020. Texas Gov. Greg Abbot’s statewide mask order does not mandate face covering for children under the age of 10, allowing some school districts to not require masks for children leaving the choice of mask use up to the parents. (AP Photo/LM Otero)

A federal appellate court has temporarily restored Gov. Greg Abbott’s executive order prohibiting mask mandates in schools.

The 5th U.S. Circuit Court of Appeals restored the governor’s executive order on Nov. 24 after Attorney General Ken Paxton appealed an earlier decision by a federal district in Austin that allowed schools to enact mask mandates to combat the spread of the coronavirus.

The case was originally filed in August by the advocacy group Disability Rights Texas, which argued that the governor’s order and the Texas Education Agency’s enforcement of the ban put disabled children at risk and denied them access to public education.

“The spread of COVID-19 poses an even greater risk for children with special health needs,” U.S. District Judge Lee Yeakel said on Nov. 10. “Children with certain underlying conditions who contract COVID-19 are more likely to experience severe acute biological effects and to require admission to a hospital and the hospital’s intensive-care unit.”

Dustin Rynders, supervising attorney with Disability Rights Texas, said he is disappointed with the court’s order but looks forward to making their case once again.

“Our suit has always been about allowing students with disabilities at high risk of COVID to attend schools in person as safely as possible,” he said. “As new COVID variants threaten to make an improving situation worse again, it is imperative schools have the option of requiring masks in the class, campus or district as needed to protect vulnerable students.”


This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Copyright 2022 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Countdown to China 2022!
February 04 2022 07:00 pm

Community Stories