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Texas Attorney General says local health authorities cannot 'indiscriminately' shut down schools

A classroom in Cactus Elementary School in Cactus on Jan. 28, 2020.
By Aliyya Swaby, The Texas Tribune
Local health officials do not have the authority to shut down all schools in their vicinity while COVID-19 cases rise, Texas Attorney General Ken Paxton said in nonbinding guidance Tuesday that contradicts what the Texas Education Agency has told school officials.
After Texas ordered schools to reopen their classrooms this fall, county and city-level public health officials began to push back, ordering all public and private schools in their areas to stay closed through August and in some cases September.
The officials cited a state law giving health officials authority to control communicable diseases. But Paxton said in the letter "nothing in the law gives health authorities the power to indiscriminately close schools — public or private — as these local orders claim to do....It does not allow health authorities to issue blanket quarantine orders that are inconsistent with the law."
The governor's executive order allowing all school districts to operate overrules local mandates to close, Paxton said. Local health officials have some authority to order schools closed if people in it are infected by COVID-19, but not as a preventative measure.
Paxton's statement could impact the at least 16 local authorities, many in the most populous counties, that have issued school closure mandates in the last month.
Earlier this month, Texas revised its statewide order that schools open classrooms to give officials more local flexibility on how long to continue with entirely remote education, especially in areas where the virus is spreading quickly. Districts can now limit in-person instruction for up to eight weeks with state approval.
The Texas Education Agency's guidance says that schools may ban in-person classes if ordered to do so "by an entity authorized to issue an order under state law." And the agency confirmed to The Texas Tribune earlier this month that school districts under such mandates would not lose state funding if they closed classrooms. But it was confusing to education officials and school communities exactly which entities were allowed to do so, and when state guidance trumped local law.
A request put in to Gov. Greg Abbott's office to clarify this was not responded to earlier this month.
The confusion had resulted in anger and panic in some communities that wanted their schools to reopen. Families protested outside the Tarrant County administration building Monday demanding officials allow their schools to hold in-person classes before Sept. 28, according to the Dallas Morning News.
Paxton had already said religious private schools were exempt from following the order, in guidance released earlier this month.
Stacy Fernández contributed to this report.
Originally published at The Texas Tribune, a nonpartisan, nonprofit media organization that informs Texans—and engages with them – about public policy, politics, government and statewide issues.
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(Paxton Smith/Instagram)
Paxton Smith’s 2021 valedictory speech at Lake Highlands High School in Dallas wasn’t the same speech she had previously shared with school administrators. She dropped the approved speech and made a case for women’s reproductive rights after lawmakers passed the Texas "Heartbeat Bill.”
Her advocacy made news on NPR, YouTubeTV and in The Guardian. Just over a year later, the “war on (women’s) rights” she forewarned has come to a head as the U.S. Supreme Court voted Friday morning to overturn Roe v. Wade, ending constitutional protection for abortion access.
“It is up to the people to show up and show the courts and the politicians that we won’t sit back and let this happen,” Smith told Austonia Friday morning. “We will show up, we will fight back. Before, we were scared of them, now they should be scared of us.”
Now a University of Texas sophomore and abortion rights activist, 19-year-old Smith said she wanted to give the same speech in the “the most public way possible” to reach “as many people as possible who don't agree that I deserve this right.”
However, she says the response was “actually overwhelmingly positive” and supportive of her cause. According to a recent UT poll, 78% of Texas voters support abortion access in most cases.
The speech opened up further opportunities for activism: she advocated for reproductive rights at the International Forum on Human Rights in Geneva, interviewed with Variety magazine and spoke to tens of thousands at Austin’s Bans Off Our Bodies protest at the Texas Capitol in May.
Smith also serves on the board of directors for the Women’s Reproductive Rights Assistance Project, a national nonprofit organization that helps fund abortions or medication abortion—like Plan C pills—in all 50 states. Most recently, Smith has been attending protests in Washington, D.C. leading up to the ruling.
“This is land of the free. This is where you get to choose how you live your life,” Smith said. “Overturning Roe v. Wade violates everything that we have come to believe about what it means to live in this country. I think a lot of people aren't willing to accept that this is a human right that is most likely just going to be gone for over half of the country within the next couple of weeks.”
Bracing for the next steps, Smith gave some tips for supporters:
- Find a protest to attend.
- “I would say invite somebody to go to those protests with you, invite a couple of friends, invite people into the movement,” Smith said.
- Talk about the issue on social media—use the platform you have.
- “Have these kinds of conversations where people can just talk about their fears and then find ways to go and advocate for yourself,” Smith said.
- Volunteer at a nonprofit near you.
“I feel like a lot of the reason things have gotten as bad as they have within the abortion rights world is that people are not making a scene, not protesting, not putting the effort into ensuring that the government doesn't take away this right,” Smith said. “I want to emphasize that if you're not doing anything, don't expect the best scenario, expect the worst because that's the direction that we're going in.”
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(Council Member Chito Vela/Twitter)
The U.S. Supreme Court overturned Roe v. Wade, the landmark ruling that guaranteed a constitutional right to an abortion, Friday morning. Moments later, Austin City Council set a special meeting for next month to pass a resolution aimed at decriminalizing abortion.
The GRACE Act, which stands for guarding the right to abortion care for everyone, is a twofold plan submitted by council member Jose “Chito” Vela. It recommends that city funds shouldn’t be used to surveil, catalog, report or investigate abortions. It also recommends that police make investigating abortion their lowest priority.
Council Member Vanessa Fuentes, who co-sponsored the resolution along with council members Paige Ellis, Kathie Tovo and Mayor Steve Adler, said the importance of the GRACE Act cannot be overstated.
“By introducing this resolution during a special session, City Council is doubling down on fighting back for reproductive health,” Fuentes said. “Items like the GRACE Act will promote essential healthcare while enabling individuals to exercise their bodily freedom.”
The act takes an approach similar to when former council member Greg Casar moved to decriminalize the possession of small amounts of marijuana. Ultimately, state law doesn't allow city officials to order police chiefs to adopt specific enforcement policies so the resolution would be a request to Police Chief Joe Chacon. In May, Politico reported that Vela is having "ongoing conversations" with Chacon about the proposal.
Austonia contacted Attorney General Ken Paxton for comment on the GRACE Act but did not hear back by time of publication. On Friday, Paxton celebrated the overturning of Roe and announced an annual office holiday on June 24 in recognition of the high court's decision.
In a press release, Vela said the Texas state government has a history of overturning municipal protections of human rights. Thirty days after the Supreme Court’s ruling, Texas will ban all abortions, with exceptions only to save the life of a pregnant patient or prevent “substantial impairment of major bodily function.”
Still, Vela expressed hope for the GRACE Act’s longevity. Council’s special meeting on it is set for the week of July 18.
“We know this resolution is legally sound, and Austin is not alone in this fight,” Vela said. “We are working with several other cities who are equally horrified by the prospect of an abortion ban and want to do everything they can to protect their residents.”
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