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A group of parents recently filed a lawsuit against California’s governor, arguing in favor of schools reopening despite the pandemic.
After COVID-19 cases spiked across the country, California issued a new wave of restrictions in order to protect the state’s residents from the virus. However, a group of California parents filed a lawsuit challenging these restrictions – specifically, the restrictions which bar California schools from reopening.
“Indeed, California is the only state in the United States where there is a ban on the majority of children from being educated,” plaintiff attorneys told FOX40.
“We intend to pursue an injunction in court to prevent the governor from destroying the academic year and beyond for these families and their kids.”
The plaintiffs argue that these restrictions place “politics ahead of the wellbeing of children, and children’s important—indeed, fundamental—interest in receiving equal access to meaningful education.” Due to these restrictions, the plaintiffs’ children will reportedly be unable to get the education that they are owed.
“Defendants’ arbitrary restrictions on in-person schooling effectively deprive Plaintiffs’ children, and millions of other children across California, of the opportunity for meaningful education and the attendant hope for a brighter future,” the California schools reopening lawsuit states.
The parents lament the transition to online schooling, noting that their children have not thrived with this new learning format.
Plaintiff Matthew Brach says that his 16- and 13-year-old children have struggled with the transition. His son is reportedly entering his senior year but will suffer academically due to a lack of interaction with teachers – something Brach says his son needs for an effective learning experience. His younger daughter is reportedly “suffering emotionally” due to the isolation of online learning.
Another plaintiff, Lacee Beaulieu says her two children have been struggling with online learning. While her daughter has been struggling to keep up academically with her science classes and other schoolwork, Beaulieu says that balancing her son’s education and health needs has been particularly challenging. Her son’s doctor has reportedly recommended that the child not spend more than two hours a day in front of computer screens.
Unfortunately, due to online learning, Beaulieu has reportedly found this instruction “almost impossible to honor.” If California Governor Gavin Newsom bars schools from reopening, Beaulieu says that she will be forced to choose between her son’s health and education – an impossible choice.
According to the California schools reopening lawsuit, Newsom lacks the authority to bar schools from reopening. The parents call Newsom’s plan “arbitrary” and argue that there is no real evidence supporting the state’s plan to stop schools reopening.
“Governor Newsom’s inexplicable restrictions on school reopening is not based in scientific facts, and is completely arbitrary especially in light of the fact that California allows all of the functional components of schools allowed in camps and childcare,” the California schools reopening lawsuit argues.
Schools Reopening: Yes or No?
Although the California parents argue that schools should be reopened, teachers in Florida argue the opposite.
A teachers union in the Sunshine State recently filed their own lawsuit against Florida Governor Ron DeSantis. According to the teachers, reopening schools for in-person classes is both unsafe and unconstitutional.
The union also argues that reopening schools flouts CDC recommendations for a “gradual scale up” of reopening schools. The agency reportedly cautions that “full sized, in-person classes” present the “highest risk” for COVID-19 transmission.
Despite these recommendations, DeSantis is reportedly “disregarding CDC recommendations” by requiring schools to open in August.
Additionally, the Florida state constitution reportedly ensures the safety and security of public schools – two aspects of schooling which the Florida Education Association argues are not guaranteed should schools be reopened amidst the pandemic.
“The Defendants’ unconstitutional handling of their duties has infringed upon this mandate and requires the courts to issue necessary and appropriate relief,” the reopening schools lawsuit states.
“Florida students, parents, teachers, and the public deserve and are constitutionally entitled to the protections needed to assure a lawful and safe reopening.”
Do you think schools should open in the fall? Share your thoughts in the comment section below.
The plaintiffs in the lawsuit are represented by Harmeet K. Dhillon, Mark P. Meuser, and Gregory R. Michael of Dhillon Law Group Inc.
The California Schools Reopening Lawsuit is Brach, et al. v. Gavin Newsom, et al., Case No. 2:20-cv-06472, in the U.S. District Court for the Central District of California.
The Florida Back-To-School Lawsuit is Florida Education Association, et al. v. Ron Desantis, et al., Case No. 110470015, in the Circuit Court of the Eleventh Judicial Circuit In and For Miami Dade County, Florida, Circuit Civil Division.
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