CORPUS CHRISTI, Texas — More confusion has been added to the conversation surrounding the reopening of Texas schools.
Just weeks after the Texas Education Agency assured districts that they would continue to receive state and federal funds even if kids were not in classrooms, an opinion filed by the Texas Attorney General Ken Paxton has TEA reversing its stance.
Paxton's opinion is non-binding which means that it does not place any legal responsibility on the attorney general to enforce it.
Now that Paxton has stated that there is no law giving local health districts the authority to shut down schools, there could be serious legal ramifications across the public school system as each county and city continues to deal with the coronavirus pandemic.
The opinion states that health districts can only shut down a certain area --including a school campus or district -- if there is reasonable proof that anyone in that area is infected or could become infected. How to prove that and who is responsible for providing that proof is a matter that could be disputed in a court of law.
"We feel like we're put between a rock and a hard place," Dr. Carl Scarbrough, superintendent of Alice ISD said.
Dr. Scarbrough is expressing his frustration at yet another round of guidelines and opinions on the reopening of Texas public schools.
Recently, TEA Commissioner Mike Morath assured districts that funding would not be cut if they chose to stay with online schooling, as long as local county and health authorities issued quarantines or other protective measures during the pandemic. But Tuesday, Texas Attorney General Ken Paxton issued a legal opinion which calls local authority for such measures into question.
Local attorney Dr. Bill Chriss said while the opinion is non-binding, and does not need to be enforced by any government official, the ideas expressed in the opinion invite the potential for complicated litigation.
"It's a big mess," Chriss. said. "The attorney general is acknowledging that local officials have the right to quarantine or shut down property. All they need is a reasonable belief that someone is or is likely to become infected. But what does that mean?"
As for how districts are dealing with this latest twist in the school-reopening saga, Dr. Scarbrough said his team will continue working to ensure the safety of their students. But more guidance and solidarity is needed.
"A consistent message would be highly appreciated," Scarbrough said. "You have a message coming from the governor's office, then the attorney general with a different interpretation, then you have TEA flip-flopping all over the place."
The Corpus Christi ISD Superintendent Dr. Roland Hernandez issued a statement today assuring parents that online school is still starting on August 13 and campuses will reopen after September 7.
The district will continue to offer remote instruction to those families who choose that.