Private schools shouldn’t have to pressure local officials to let them reopen

Government officials in Cameron County, Texas, have agreed to let two private religious schools reopen after receiving pressure from attorneys, who urged authorities to do so by sending a letter that outlined the schools’ rights.

It’s unfortunate that private schools are slowly reopening only after they have pressured government officials to allow it. Local bureaucrats should know more than anyone where their authority ends.

Calvary Christian School of Excellence and Calvary Christian School are reopening after being told they must remain closed until at least September. They will be following extensive health and safety measures to protect students and teachers, according to the First Liberty attorneys representing them.

Though officials had mandated Cameron County schools remain closed, Texas Attorney General Ken Paxton issued legal guidance in July stating that religious private schools “need not comply” with orders to close. Still, Cameron County public health officials ignored this.

Attorneys first sent a letter to the county in August, and they believe the change in the county’s position was directly related to their demands.

In an email, Jeremy Dys, special counsel for litigation and communications at First Liberty, said, “Our clients were pleased to work with county officials to arrive at a reopening plan that not only provided for the health and safety of their community, but also their religious autonomy. Had our clients — and the Texas Attorney General — not insisted that their religious liberty be respected by county officials, the outcome may have been very different.”

The schools are relieved to open with permission, especially since they were already planning to open in defiance of the county’s regulations. Jan Leibert of the Calvary Christian School said, “We are thankful that Cameron County officials approve of the effort we have put into planning for the safe return of our students on Tuesday and look forward to welcoming them back to class.”

As mentioned, the two private schools, one of which just has 20 students enrolled, were going to reopen even without permission from county officials. When news of this circulated, the left-leaning Texas Tribune reported on it in a lengthy article that emphasized the size of the outbreak in the area, asking, “The dispute strikes at a larger question: In a hard-hit area where public schools are closed, is it safe for private schools to open?”

Private schools with few resources to dedicate toward litigation should not have to fight for their rights to not be subject to state or local mandates regarding closures. While I’m glad these schools are reopening and are being cautious while doing so, it’s unfortunate the Cameron County officials needed prodding from attorneys to change their minds and undo a decision that already violated the schools’ rights.

Nicole Russell (@russell_nm) is a contributor to the Washington Examiner’s Beltway Confidential blog. She is a journalist who previously worked in Republican politics in Minnesota.

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