And in Oregon this month, a federal district judge rejected a petition from three Christian schools seeking an exception to state health restrictions so they could hold classes in person. California and Oregon are Democratic-led states with strong teachers’ unions, and the governors there have argued that until infection rates are brought under control, it is unsafe to fully reopen schools. Ordinarily, decisions on how best to educate children and protect the public rest with elected officials, said Tom Hutton, interim executive director of the Education Law Association. “I think courts generally are deferential to public health authorities,” Mr. Hutton said. And if you have the immovable object and the unstoppable force, in most cases, public safety wins.”Some suits have presented a rare exception.

Source: New York Times August 28, 2020 09:21 UTC