US Dept of Ed Warns Texas that its School Mask Ban May not Comply with Federal Law

Aug 29, 2021 | Covid-19, Federal Standards, State Standards

The US Department of Education, Office of Special Education and Rehabilitative Services (OSEP) sent a letter to the Commissioner of the Texas Education Agency expressing concerns with the Executive Order (EO) prohibiting school districts in Texas from requiring masks.

OSEP wrote: “This Texas EO restricts the ability of local education agencies to implement policies aligned with the Current Centers for Disease Control guidance regarding mask requirements in schools. The State of Texas EO, as written, may also impact the provision of a free appropriate public education in the least restrictive environment for students with disabilities and foster and unsafe learning environment.”

The OSEP letter also follows up on TEA’s longstanding non-compliance with the IDEA in other areas. OSEP warns Texas to get its act together or it could have “specific conditions” placed on its federal funding.