Federal judge ruled Texas school mask ban violated Americans with disabilities law
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Disability Rights Texas, an advocacy group, has filed a federal lawsuit on behalf of several Texas families against the Governor, Texas Attorney General Ken Paxton and Texas Education Agency Commissioner Mike Morath, claiming that the spread of virus posed “an even greater risk for children with special health needs.”
“Children with certain underlying conditions who contract COVID-19 are more likely to experience severe acute biological effects and require admission to a hospital and the hospital’s intensive care unit,” the trial said . “This includes children with conditions such as Down syndrome, organ transplants, lung disease, heart disease and weakened immune systems.”
Decision signed by United States District Court Judge Lee Yeakel says “the issue is whether Gov. Greg Abbott’s Executive Order GA-38 violates Title II of the Americans with Disabilities Act 1990 “.
“The evidence presented by the plaintiffs establishes that the plaintiffs are denied the benefits of in-person learning on an equal basis with their non-disabled peers. Court finds GA-38 violates the ADA,” the court said. decision.
Following the judge’s ruling, the Texas Attorney General wrote on Twitter: “I strongly disagree with Judge Yeakel’s opinion that my office is prohibited from giving effect to GA-38, which prohibits mask warrants imposed by government entities such as school districts. “
At the time, the department said in a letter to Morath that it was “concerned that Texas’ restriction on schools and school districts to put in place masking requirements may prevent schools in Texas from complying with their legal obligations not to discriminate on the basis of disability and to provide an equal educational opportunity for students with disabilities who are at increased risk of serious illness from COVID-19. “
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