Texas schools need some certainty during coronavirus pandemic, not more confusion, superintendents group tells state leaders

Texas superintendents need flexibility to respond to concerns about COVID-19 without the worry that they’ll lose funding for their schools, an administrators’ group told state officials on Thursday.

Many superintendents thought they were ready to tackle back-to-school issues, but moves by state leaders this week upended their plans and led to widespread confusion and worry.

Texas Attorney General Ken Paxton on Tuesday released a letter stating that local public health authorities could not keep schools closed indefinitely and prohibit in-person classes as a preventative measure to curb the spread of the coronavirus. As a result, Texas education commissioner Mike Morath said that guidance letter — though not binding — meant that schools would not necessarily receive full state funding for virtual-only learning if closed because of a local health order.

The Texas Association of School Administrators issued a statement Thursday saying Paxton’s letter has only “muddied the waters and created more confusion. We believe schools should have the authority to work with local health officials to determine when it is safe for schools to be open for in-person instruction without the threat of funding cuts by the state.”

TASA, which represents superintendents, said schools need certainty that they will be fully funded all school year if they have to pivot to online or hybrid classes because of the pandemic.

Morath said in a statement this week that schools could begin their school year virtually and receive full funding for four weeks with an additional four-week option if needed. But some on-campus instruction had to be provided during that extended transition period, according to TEA.

“TEA will also continue to adjust its waivers as the situation warrants,” Morath said in his statement. “Protecting the health of students, teachers, and staff remains our first priority.”

But he noted that while lawful building closure orders will allow schools to receive funding, Paxton’s guidance indicates that preventative closures by local health authorities are not lawful.

The TASA letter noted that school administrators need to make decisions based on local conditions as well as reliable and objective health information.

The frustration over the changing guidance this week has local officials exploring their options.

For example, San Antonio Mayor Ron Nirenberg and Bexar County Judge Nelson Wolff wrote to Gov. Greg Abbott asking him to resolve some of the confusion. They said if he disagreed with their local health directive, then he should revoke it. Otherwise, they asked that Abbott clarify that local health authority directives do apply.

“We have a common goal to reduce the COVID-19 infection rate,” they wrote. “Our school systems must be a part of the effort for the safety and wellbeing [sic] of the communities they serve.”

Abbott’s office has not responded to requests for comment on that letter.

Meanwhile, school districts are changing back-to-school plans yet again in response to the changing guidance.

Tarrant County health officials had issued an order that delayed on-campus lessons for most students until at least Sept. 28, so many districts in that area had not intended to offer face-to-face classes until after the first six weeks of school.

But after the AG’s letter arrived, districts started scrambling to adjust plans.

Fort Worth ISD, for example, was set to start classes virtually Aug. 17. But during an emergency board meeting Thursday, trustees voted 8-1 to delay the start of school to Sept. 8. with online classes for the first four weeks. Dallas ISD’s plan is to start on that date offering both virtual and in-person classes.

“This is a very difficult decision because regardless of the decision, there will be people who are not happy with how we proceed,” trustee Anne Darr said during the meeting.

Some state leaders have spoken out against TEA’s interpretation that schools can’t receive full funding if they are shut down because of a public health order.

“This is not the procedure we should be following to reopen Texas schools,” said Sen. Royce West, D-Dallas, who is on the senate’s education committee. “We should not be turning our back on the guidance from local health authorities. Local health authorities are best suited to know when a spike indicates that local schools should stop in-person learning.”

The conservative Texas Public Policy Foundation said Paxton’s guidance was correct, noting that local health authorities lack the power to issue blanket closures.

“Unless applied to individual campuses based upon specific facts, these local health orders are unlawful and void,” the policy noted in its statement.