Austin ISD sued by parents over mask mandate, COVID protocols

A coalition of parents has sued Austin school district leaders over the district's mask requirement and COVID-19 protocols, arguing they were secretly developed without a public hearing.

The group, Austin Parents for Medical Choice, claims Austin Superintendent Stephanie S. Elizalde and the school board violated the Texas Open Meetings Act by not holding public hearings and board votes specifically over the mask mandate and COVID-19 quarantine protocols.

Elizalde announced the requirement to wear masks on all district property — a rule that defies Gov. Greg Abbott's executive order against such mandates in public schools — at a special board meeting on Aug. 9 that was made available to the public through video.

More:U.S. Department of Education opens investigation into mask mandate ban in Texas schools

The meeting agenda listed discussion of COVID-19 safety protocols, but it did not outline the mask policy or a vote on the protocols.

"To be clear, the video of the District’s Board of Trustees meeting on August 9, 2021, does not show the Board voting openly to adopt a new mask policy, nor did the Board hold a public meeting regarding the mask policy," stated the lawsuit, filed Wednesday in Travis County.

At an Aug. 12 meeting, the Austin school board unanimously approved a resolution backing the superintendent's mask requirement and outlining other protocols, including the quarantining of unvaccinated individuals in close contact with someone who tests positive for COVID-19.

The lawsuit also argues the quarantine protocols, which were updated by the district on Aug. 26 based on new guidance from the U.S. Centers for Disease Control and Prevention, also were created without opportunity for public input and board vote.

"We publicly voted on a board resolution focused on one goal: the health and safety of our children and staff," Austin school board President Geronimo Rodriguez told the American-Statesman in a statement.

An Austin school district spokesman said the district had not yet been served with the lawsuit on Friday afternoon and therefore could not comment on it.

"Please note that we will continue to mask in Austin ISD since we know that's one of the best ways to prevent the spread of COVID-19," said Eduardo Villa, a media relations specialist for the district.

More:Texas appeals court allows Round Rock school district's mask mandate to continue

Elizalde's mask mandate came after Dallas Superintendent Michael Hinojosa announced a mask requirement at an Aug. 9 news conference, also without a vote from the Dallas school board, which supported the move, according to The Dallas Morning News. 

The week before, Houston Superintendent Millard House II announced his intention to bring a mask mandate before the local school board.

Ahead of the Austin school district's Aug. 9 board meeting, a separate coalition of Austin parents and community members called on Elizalde to follow the lead of the Dallas and Houston district leaders.

During the public comment portion of the meeting, many parents also called in support of a mask mandate.

Eighty-five school districts and seven public charter school systems across the state are now mandating masks, according to a tally by Texas Attorney General Ken Paxton, who has sued several school districts for mandating masks. 

The CDC and American Academy of Pediatrics recommend universal mask wearing in schools as an effective measure to reduce the spread of COVID-19. Abbott has said masks and vaccinations should be a personal choice, not making a distinction for children under 12 who are not yet eligible for coronavirus vaccinations.