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A federal court judge heard arguments Friday on a temporary restraining order Allen ISD parents are seeking in response to the district’s COVID-19 response.
U.S. District Court Judge Sean Jordan is expected to issue a ruling early next week.
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The federal class-action lawsuit filed on behalf of more than 1,000 parents last month alleging that the district’s refusal to require masks violates students’ constitutional rights to life, liberty and the pursuit of happiness.
The parents are also seeking a permanent injunction and asking the court to require masks on district property, based on Centers for Disease Control and Prevention guidelines.
Unlike other COVID-19 protocol-related lawsuits filed in Texas and other states that allege discrimination against disabled students, the legal complaint filed against Allen ISD alleges a violation of constitutional rights and was filed on behalf of all the district’s students, according to a statement from the law firm representing the parents.
Earlier this week, the same attorney in the Allen case filed a similar complaint on behalf of parents in three other North Texas school districts.
Allen ISD and many district parents dispute the lawsuit’s claim that masks — one of the most powerful tools public health experts say can slow the virus’s spread — are required under the law.
“The District, however, strongly disagrees that the students’ constitutional rights have been violated by leaving masks as an option for students and staff,” district spokesperson David Hicks wrote in a prepared statement to The News last month.
Allen parents previously told they felt legal action was the last recourse they had to keep their children safe. In the weeks leading up to the lawsuit’s filing, parents protested, organized a petition, signed a letter of protest and met with the district pleading for policy change.
Parents told The News the litigation isn’t about the money. It’s about health and safety.
“I want my kids to be in a safe learning environment,” said Therissa Grefsrud, a district parent and registered nurse specializing in infection prevention and epidemiology.
“And I think that all of our kids in this community deserve a safe learning environment.”
New admissions for coronavirus patients are decreasing in the four most populous North Texas counties, according to a recent forecast from UT Southwestern.
But a disproportionate number of severe cases are occurring among children, causing concern for parents because not all elementary school students are eligible to receive a vaccine.
As of Oct. 1, at least Allen ISD has 66 active cases of COVID-19, according to the district’s dashboard. Almost half of the cases are in elementary school students, data shows.