The Orange County Board of Education’s legal battle to reopen school campuses gained steam this week when the state Supreme Court ordered Gov. Gavin Newsom to defend his authority to keep students home during the pandemic.
Newsom “recently ushered in a new wave of COVID-19 restrictions which bar in-person schooling for most children in California,” the public-school petition states.“In enacting these new restrictions, he has sacrificed the well-being of children, and children’s important fundamental interest in receiving equal access to meaningful education,” it continues.
The petitions further seek to overturn the state’s authority to enforce compliance with emergency executive orders and state public health directives, asking whether such orders violate state and federal equal protection and disability laws. The court has given Newsom and other named respondents until Friday at 3 p.m. to submit their response.
The Board of Education voted 4 to 0 during a July 28 special meeting to pursue litigation to overturn Newsom’s July 17 distance-learning mandate. At the time, Orange County was among many California countiesOn Aug. 3, as the county’s virus rates began to decline, the California Department of Public Health announced schools and districts could seek a waiver allowing K-6 classes to return to campuses.
Tyler said even though restrictions may be loosening, a favorable ruling from the court could potentially keep schools open should Orange County be placed back on the state’s monitoring list. It could also potentially rein in Newsom’s“We believe it is unconscionable for the governor to have such broad and unbridled discretion for such a long period,” he added.
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