Parents sue governor to get schools reopened

A group of parents backed by the conservative Freedom Foundation has sued to reopen schools Gov. Gavin Newsom ordered closed because of possible transmission of the coronavirus.

The complaint claims distance learning is harming the children's constitutional right to a quality public education. It could set up a potential courtroom battle over the science around the coronavirus and transmission to and from children in schools.

"The state of California's response to COVID-19 prevents students, especially the disadvantaged, from accessing a quality education," reads the compliant filed by Mariah R. Gondeiro, litigation counsel with the Foundation. Looney v. Newsom (case number pending, Shasta Super. Ct., filed Sept. 14, 2020).

The complaint goes on to claim Newsom's orders violate Article IX of the California Constitution, guaranteeing the right to a quality education. It also alleges Newsom's orders violate the state Constitution's non-delegation doctrine and separation of powers clause.

It seeks to force an end to Newsom's emergency school closure orders, as well as attorney fees and pro-rated damages for the amount of time students were barred from attending classes in person.

The complaint by the four parents also names Attorney General Xavier Becerra, State Superintendent of Public Instruction Tony Thurmond and several local officials as defendants.

"Governor Newsom has repeatedly told us to 'trust the science,'" Gondeiro said in a press release. "It is time for Newsom to take his own advice. Thousands of educators, parents and even the Centers for Disease Control and Prevention and American Academy of Pediatrics say students need to be in school."

In July, the Centers for Disease Control issued a statement on "the importance of opening schools this fall." That touted the advantages of in-person instruction over virtual learning. It also argued children "are far less likely to suffer severe symptoms" and stated the "best available evidence indicates that COVID-19 poses relatively low risks to school-aged children."

The statement has been criticized by some public health officials.

The American Academy of Pediatrics is a non-partisan physicians group with 67,000 members founded in 1930. It has been active on children's health issues ranging from gun violence, asthma and car seats. The complaint cites a statement the academy issued in July that "strongly advocates ... the coming school year should start with a goal of having students physically present in school." However, the academy added several caveats to the statement last month after objections from numerous pediatricians. This includes the following changes in relation to the reopening of schools: "Unfortunately, in many parts of the United States, there is currently uncontrolled spread of SARS-CoV-2. Although the AAP strongly advocates for in-person learning for the coming school year, the current widespread circulation of the virus will not permit in-person learning to be safely accomplished in many jurisdictions."