Education Lawyers | Leasor Crass, P.C.

Welcome to Leasor Crass, P.C. Leasor Crass, P.C. is a boutique law firm located in Mansfield, Texas, with a main focus on the representation of public schools. The firm is managed by Mike Leasor and Rhonda Crass, seasoned attorneys with …

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Archives for July 2020

July 28, 2020 By LeasorCrass

COVID-19 UPDATE

Below are today’s updates regarding COVID-19 and its impact on Texas public schools.  For additional resources, please visit our COVID-19 page.

Attorney General Claims Local Orders Closing Schools Are Invalid. Tarrant County Abandoning Order?
Holly James, Senior Associate

Attorney General Ken Paxton issued an opinion today regarding the legality of local public health orders that delay the start of in-person schooling, such as those entered in Dallas, Harris, Travis, and presumably Tarrant Counties.  The Attorney General opined that “nothing in the law gives health authorities the power to indiscriminately close schools—public or private—as these local orders claim to do.”  Specifically, the AG claims that the county orders impose a quarantine on property (the school buildings), which is not authorized under the Texas Health and Safety Code without evidence that the property is contaminated or that individuals within the building are actually infected with a communicable disease.  The AG’s opinion does not address the authority of local health authorities to implement restrictions on individuals within the county.

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FAPE and Transportation
Rhonda Crass, Shareholder

In these ever-changing times during the pandemic, some Districts are discussing staggering students’ arrival and departure times during the 2020-21 school year to prevent the spread of COVID-19. If your District is considering this option, you should be mindful of how this may affect students with disabilities.

The law is clear that a District cannot shorten the school day for students with disabilities solely for transportation purposes.

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Filed Under: Blog, COVID-19, Section 504, Special Education, Students

July 28, 2020 By LeasorCrass

FAPE and Transportation

Rhonda C. Crass
by Rhonda Crass

In these ever-changing times during the pandemic, some districts are discussing staggering students’ arrival and departure times during the 2020-21 school year to prevent the spread of COVID-19. If your district is considering this option, you should be mindful of how this may affect students with disabilities.

The law is clear that a district cannot shorten the school day for students with disabilities solely for transportation purposes.  The problem is that most of the caselaw regarding shortening a student’s school day was decided long before the COVID-19 pandemic required districts to adopt new transportation safety protocols. So, should the transportation department and special education directors be worried about making sure students with disabilities do not end up with shortened school days due to modified transportation practices?

Differences in the length of the school day for students with disabilities and their nondisabled peers can amount to disability discrimination under Section 504.  While the Centers for Disease Control and Prevention recommends that staggering arrival and departure times may be the best option for some districts, districts need to be aware of how such an arrangement might affect a student’s right to FAPE if students with disabilities do not receive instruction or necessary services because of a shortened school day.   If the school is staggering its entire schedule because of social distancing or transportation needs, and the students with disabilities get all of their services, just on a different schedule, this might not open the door to compensatory education.

If you have any questions about this or any other matter, please feel free to contact any of the attorneys at Leasor Crass.

 

Filed Under: Blog, COVID-19, Section 504, Special Education

July 28, 2020 By LeasorCrass

Attorney General Claims Local Orders Closing Schools Are Invalid. Tarrant County Abandoning Order?

by Holly James

Attorney General Ken Paxton issued an opinion today regarding the legality of local public health orders that delay the start of in-person schooling, such as those entered in Dallas, Harris, Travis, and presumably Tarrant Counties.  The Attorney General opined that “nothing in the law gives health authorities the power to indiscriminately close schools—public or private—as these local orders claim to do.”  Specifically, the AG claims that the county orders impose a quarantine on property (the school buildings), which is not authorized under the Texas Health and Safety Code without evidence that the property is contaminated or that individuals within the building are actually infected with a communicable disease.  The AG’s opinion does not address the authority of local health authorities to implement restrictions on individuals within the county.

The AG further opines that because conditions related to the COVID-19 pandemic are present throughout the affected counties, not just the schools, the local public health authorities cannot impose restrictions that only affect schools.   The AG also claims that Governor Abbott’s Executive Order GA-28 allows schools to operate subject only to TEA’s guidelines, and that GA-28 supersedes any conflicting local order.

Interestingly, while the opinion declares that local health authorities cannot issue blanket orders closing schools in their jurisdiction on a prophylactic basis, it also notes that “[t]he decision to close schools on such a preventative basis—whether public or private—remains with school system leaders who should consult with relevant public health authorities, including the Department and local health authorities.”

What does this mean for school districts?  Nothing for the moment.  The Attorney General’s opinion is not a binding document.  It does not overturn the county orders currently in place, so districts subject to those orders still need to comply with them as long as they remain in effect.  Practically speaking, the AG’s opinion may prompt local health authorities to rescind their orders if they believe the AG is correct or could lead to the filing of lawsuits against local health agencies to overturn the orders.  It could also prompt Governor Abbott to issue an executive order superseding those county orders.  For now, school districts should operate in compliance with their local county orders, but be prepared to pivot as needed if the orders get overturned or rescinded.  This, we know, is an exercise districts have been engaged in for many months, as orders and guidance from the state are issued, changed, and changed again.  We wish we had the ability to stop the cycle and give you certainty.  Unfortunately, all the AG’s opinion did today was put more uncertainty on the plates of school districts, which will remain until a court weighs in on the debate.

**Update: According to the Fort Worth Star Telegram, Tarrant County is abandoning its order requiring schools to remain closed until September 28th in light of the Attorney General’s opinion issued today.  As of the time of this writing, we have not been able to locate an official statement or other confirmation from Tarrant County regarding this decision and the status of its order.  If this report is accurate, then school districts in Tarrant County should follow TEA’s guidance regarding the timeline for reopening schools.

Filed Under: Blog, COVID-19, Students

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LEASOR CRASS, P.C. Blog

Here at Leasor Crass, we are keeping a close eye on the bills being filed for the upcoming Texas legislative session which will either directly affect or have some impact on our clients. Filed on December 30, 2020, Senate Bill 272 really caught our attention. It requires a school district board … Read More

On October 20, 2020 Attorney General Ken Paxton opined on the ability of school districts to enter into long-term leases with private entities. More specifically, the Tarrant County Criminal District Attorney asked Attorney General Paxton whether an independent school district may enter into a … Read More

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