AUSTIN, Texas — Austin ISD said it is "optimistic" about its own mask mandate lawsuit as the Third Court of Appeals on Thursday ruled in favor of local authorities upholding mask requirements in Harris County.
AISD said the ruling provides further legal support for the district's own mask mandate, which is still in effect against Gov. Abbott's executive order prohibiting such mandates.
The Texas Third Court of Appeals filed an opinion on Jan. 6, granting Harris County officials the ability to implement face covering rules after Gov. Abbott and Attorney General Ken Paxton appealed the initial ruling.
"In summary, we conclude the governor does not possess absolute authority under the Texas Disaster Act to preempt orders issued by local governmental entities or officials that contradict his executive order," the opinion reads.
It went on to say that the governor does not have the authority to suspend certain public health statutes that Harris County uses to issue its own face covering mandate.
Read the full opinion here.
AISD said it has a similar lawsuit pending in the Third Court of Appeals and expects the court to issue an opinion on its cases at the beginning of February. Masks are mandatory inside all district buildings and schools and AISD further recommends wearing an N-95 mask or double mask for "extra protection."
The school district returned to in-person classes on Jan. 5, saying it was "prepared for omicron." AISD opened 11 COVID-19 testing hubs on Jan. 3 and encouraged families and students to get tested before returning to class in an effort to avoid the spread of the virus.
AISD released back-to-school testing data on Tuesday, revealing a 14.5% positivity rate among those being tested. Then, when school resumed Jan. 5, nearly 84% of students attended classes and 384 teachers were absent.
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