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HISD

Looking for the missing students

More important than usual this year.

The state’s largest school district recorded a first-day enrollment of 172,091 students, a significant decrease compared with previous years. It is not uncommon for enrollment to lag, even to its lowest point of the year, in August.

While numbers reported later in the fall typically provide a more accurate depiction of a district’s student body, HISD’s enrollment in recent weeks has slowly risen to about 190,000 as of last week, according to House, but remains lower than the nearly 200,000 who finished last school year.

Still, [HISD Superintendent Millard House II] said before embarking on the home visits Saturday, the district is on pace to reach its target of about 197,000 students.

“Student reengagement efforts are ongoing, and it is our goal to facilitate outreach to the families of all students who have left HISD,” he said. “We are not here to judge, we are here to support. That is very important for us to understand. So, as we knock on doors this morning, we are here to ensure that we get these babies back in classrooms so that they can get the kind of support they need.”

HISD is not alone.

The Texas Education Agency registered a decrease last year of statewide enrollment from the previous year for the first time since it began collecting enrollment data.

There were roughly 5.37 million students enrolled in schools across Texas last year, a 2.2 percent decrease — about 122,354 students — from the prior year, agency officials wrote in a June report.

[…]

Such problems — having an outdated address or phone number as a student’s contact information — are par for the course for Burl Jones, a student outreach worker at HISD, who said he goes on “wild goose chases all the time” as he tries to get students back into classrooms.

COVID-19 made it worse. Some students did not have access to the internet early on, and some parents remain skeptical of vaccines or health protocols.

“Sometimes, people will be there, they won’t answer the door. Or you have an address on file for them and they don’t actually live there,” Jones said. “That is what it is out there, man, that is the real world. … I do what it takes to find them. It’s like, I am an investigator. I don’t give up. I get a joy out of recovering these kids.”

HISD also has held several phone banking sessions, including in partnership with Houston Federation of Teachers, the district’s largest employees union.

I’m sure there are more kids homeschooling this year than usual, but for sure there are kids who are simply missing from the rolls. We know there were many kids last year during remote schooling who never logged on, for whatever the reason. Kids have already lost a lot of ground, so it’s extra important to make sure no one gets left behind. I sure hope they can find everyone.

Interview with Matias Kopinsky

Matias Kopinsky

We wrap up our tour of HISD District I this week with Matias Kopinsky. Kopinsky is the son of Argentine immigrants who grew up speaking Spanish. He attended Herod Elementary, Meyerland Performing and Visual Arts Middle School, and Bellaire High School, and got a BS in petroleum engineering from UT. The HISD Board as currently constituted is all female, so if elected he would change that. That wasn’t one of the things we talked about, I just thought about it while writing this intro. Here’s what we did talk about:

PREVIOUSLY:

Sue Deigaard, District V
Anne Sung, District VII
Elizabeth Santos, District I
Janette Garza Lindner, District I

Interview with Janette Garza Lindner

Janette Garza Lindner

We continue with HISD District I, and today’s candidate is Janette Garza Lindner. A native of Brownsville, Garza Lindner has lived in Houston for 20 years. She is a UT graduate with a degree in Management Information Systems, and has served as a Latinos for Education board fellow and as the main community representative on the Arts Connect Houston leadership committee. I discovered her candidacy when doing my post on the July HISD finance reports; she was filed as a candidate but had not done any fundraising then. Here’s what we talked about:

PREVIOUSLY:

Sue Deigaard, District V
Anne Sung, District VII
Elizabeth Santos, District I

Interview with Elizabeth Santos

Elizabeth Santos

This week we will meet the three candidates in HISD District I, which happens to be my district. Elizabeth Santos is the incumbent, having been elected in 2017 after Anna Eastman decided to not run again. Santos is a lifelong resident in the district, and spent ten years teaching in HISD, at Sam Houston and Northside, while getting a BA in English Literature from UH-Downtown. You can listen to the interview I did with her in 2017 here – it was one of the first I did following Hurricane Harvey, which as you can imagine had an effect on the questions I was asking. A lot has happened since then, and you can hear about some of those things in this interview:

PREVIOUSLY:

Sue Deigaard, District V
Anne Sung, District VII

Interview with Anne Sung

Anne Sung

We continue with HISD candidate interviews, moving over to District VII for a visit with incumbent Anne Sung. I almost wrote “first-term incumbent”, but Sung won a special election in 2016 to succeed Harvin Moore, and was then re-elected for a full term in 2017, so technically she’s in her second term and that makes her the longest-serving incumbent on the Board. Sung is a graduate of HISD schools and Harvard University, and taught for several years at HISD and in the Rio Grande Valley via Teach for America. She serves on the boards of the SPARK Park Program, the Texas Association of School Boards, and OCA-Greater Houston, and is a former Vice President and Chief Strategy Officer for Project GRAD Houston. The interview I did with her in 2016 is here, and the interview I did with her this year is here:

PREVIOUSLY:

Sue Deigaard, District V

Interview with Sue Deigaard

Sue Deigaard

Hey, remember how there are elections this fall? It’s true! Not for the city of Houston, but for HISD and HCC, and you know what that means – candidate interviews. As you may imagine, there are a few topics of interest this year. We begin our quest with District V incumbent Trustee Sue Deigaard, elected in 2017 to succeed Mike Lunceford. Deigaard is a longtime education advocate, having served as as a parent representative on HISD’s District Advisory Committee, a board member on the Houston Center for Literacy, and a founding board member of the Braeswood Super Neighborhood Council prior to her election. She served as Board president in 2020, and is a graduate of Rice University, where she was the first member of her family to attend college. My interview with her from 2017 is here; as noted, I knew her at Rice as we were both members of the MOB. Here’s the interview:

I expect to have interviews with HISD candidates over the next four weeks, then HCC interviews after that. As always, please let me know what you think.

A bit of good news in the wastewater

I’ll take it where I can get it.

Community spread of coronavirus is on the decline from its recent summertime high, but experts warn that Labor Day gatherings and kids’ return to classrooms could bring a rash of new infections in the coming weeks.

The latest samples of Houston’s wastewater — a highly sensitive method for tracking coronavirus — show diminishing traces of the virus across the region, said Loren Hopkins, the Houston Health Department’s chief environmental science officer. The results indicate a slight drop in person-to-person spread.

“The positivity rates are still alarmingly high, the wastewater rates are still alarmingly high, but it may be trending down,” Hopkins said Wednesday.

The decline could be short-lived.

The holiday weekend and the start of school, which spurred record infections among children, will likely keep the Houston area in “plateau mode” for the foreseeable future, said Bill McKeon, CEO of the Texas Medical Center.

On Tuesday, the Texas Medical Center reported that the rate of transmission across the Houston area was 0.87; the average for the previous week was 0.99. Both figures landing below 1.0 is a good sign; any number above 1.0 means the virus is spreading through the community.

Still, McKeon urged caution. Tuesday’s low daily transmission rate of 0.87 could be artificially deflated due to low testing rates, he said, which commonly occur over holiday weekends.

“We are just coming out of the Labor Day weekend and we typically do not see the impact of holidays for one to two weeks,” McKeon said.

[…]

Houston’s coronavirus hospitalizations slowed by 2.3 percent in the past week, but remained only slightly lower than August’s record peak. As of Tuesday, 3,370 people were in area hospitals for COVID-19, down from the record high of 3,500 on Aug. 24, according to the Texas Department of State Health Services.

Ballooning school transmissions are another concern, experts said, especially in districts that do not have mask mandates. Student infections are rapidly rising across the state, with the total number of positive cases among public school students surging by 90 percent just a few weeks into the new school year.

“We need mask mandates to protect our school children from getting infected and bringing it home to Mom and Dad,” said Catherine Troisi, an epidemiologist at Texas Medical Center’s School of Public Health.

The wastewater had documented to surge, and it will be the leading indicator when there is a real decline. I hope people were cautious over the Labor Day weekend, but we’ll know soon enough what if any effect that had. As for mask mandates in the schools, it seems to be working pretty well for HISD. I keep saying, none of this is a mystery, we know what we need to do, we just have to do it.

We really need a mask mandate at every school district

Or we can just accept a lot more hospitalized kids. Easy choice if you ask me.

The number of Texas children hospitalized with COVID-19 hit an all-time high over the weekend, with 345 on Saturday and 307 on Sunday, the highest two-day stretch recorded during the pandemic, according to data from the Texas Department of State Health Services.

The data follows a national trend of rising pediatric COVID hospitalization rates. A study from the Centers for Disease Control and Prevention released Friday shows the highest rate of increase among teenagers and children 0-4 years old. The study also found unvaccinated adolescents were 10 times more likely to need hospitalization compared to their vaccinated peers.

Children under 12 are ineligible for any of the available COVID-19 vaccines.

School reopenings and “pandemic fatigue” are two primary reasons for the statewide increase, said Dr. Katelyn Jetelina, an epidemiologist at UTHealth School of Public Health in Dallas and author of the popular blog “Your Local Epidemiologist.”

“The more that kids interact with each other, the more this is going to transmit,” she said, adding, “We really need to step up our mask game. Parents really need to invest in good masks to wear for their school.”

She urged parents to buy N95 masks for their children and to “lead by example” with their own mask-wearing habits.

Multiple studies have shown masks help reduce COVID transmission indoors. The CDC study also recommends universal masking in schools, where cases are soaring in Texas. The state health department on Aug. 29 recorded 51,904 COVID cases among Texas students since the 2021-22 school year began.

I mean, we’re a year and a half into this pandemic. We do know all this stuff already. I get that some people are tired of doing pandemic things, but 1) if said person is not vaccinated then they can just STFU right now, as this is all their fault, and 2) as the kids say, we may be done with the pandemic but it’s not done with us.

Thankfully, HISD is doing it right.

While outbreaks have forced some districts to close schools already, Houston ISD has fared comparatively well two weeks into its school year.

By midday Friday, the state’s largest district of nearly 200,000 students had confirmed 1,085 active cases among students and staffers, according to its dashboard.

The most important mitigation strategy the district could implement is one it already has in place — ensuring people wear masks, Superintendent Millard House II said Thursday.

“As we look at the data in our schools, yes we have COVID cases,” House said during an agenda review meeting. “But if we look at the percentage of spread in our schools in comparison to the number of kids that we have, it looks — it does not look bad in comparison to some of the other schools that don’t have mandates in place.”

Health professionals agree the mask mandate may be helping HISD reduce the risk transmission inside its classrooms, even as kids younger than 12 remain ineligible to be inoculated and the delta variant continues to spread mostly unchecked in the Houston area.

“I attribute it to that,” said Dr. Quianta Moore, Huffington Fellow in child health policy at Rice University’s Baker Institute for Public Policy. “There are some schools that the parents and the community are wearing masks and they are also having low transmission.”

As I said before, I don’t want to get overconfident, but again, we know that masking helps. Given the risks, the current legal status, and the complete lack of consequences for defiance, I can’t think of any good reason for a school district to not have a mask mandate in place. We’re either trying or we’ve given up.

A rough start to the school year

For some districts more than others.

Angleton and Livingston ISDs announced this week they temporarily were shutting down their schools, the first Houston-area districts to halt all in-person learning amid rising numbers of COVID-19 cases among students and staff, but possibly not the last.

With reported cases increasing rapidly since schools in the Houston region reopened last month, some districts are discussing contingency plans for closing campuses and, in some cases, shifting to online learning.

Already a handful of districts temporarily have shuttered individual classrooms or entire schools, prompted by the number of student infections, the number of kids having to quarantine or staff shortages caused by illness or quarantines.

With little guidance from the Texas Education Agency on metrics and thresholds that should trigger closures, school districts are making those calls on their own or relying on local health authorities. Among the factors being considered are rates of infection, teacher staffing — including the availability of substitutes — and student absences.

According to TEA, many districts have built time into their calendars in “anticipation that a temporary shutdown due to COVID” may be necessary.

“The agency has been coordinating with (districts) experiencing the need to close to ensure they have the information necessary to plan, adjust, and prepare to provide the required minimum of 75,600 operational minutes,” the agency said in an emailed statement.

[…]

Elsewhere in the state, Connally ISD in central Texas closed its five campuses near Waco for the week after two teachers died of COVID, as have a handful of east Texas districts and others in rural areas of the state.

Area districts that are mandating the use of face masks by students and staff, including Houston, Spring and Texas City ISDs, said they are not in talks about shutting down schools and are focusing on keeping in-person learning safe.

“We do not anticipate school closures,” reads Houston ISD’s COVID protocols. “However, should conditions change and an HISD school or building need to close, the determination will be made on a case-by-case basis by the superintendent in consultation with HISD Health and Medical Services and the Houston Health Department.”

Well, HISD still has a mask mandate, and I figure that has to be helping. I don’t want to get obnoxious about it since the Delta variant is terrible and pride goeth before a fall, but I’ll put better odds on HISD than on a district that isn’t taking the minimal steps to protect its students and teachers and staffers. According to the Trib, “At least 45 small school districts across Texas have been forced to temporarily stop offering in-person classes as a result of COVID-19 cases in the first few weeks of the new school year”. I’m willing to bet none of them had a mask mandate; the story didn’t specify but it did say at the end that at least one of these small districts is thinking about it in defiance of Abbott. The total number of student COVID cases that have been reported is up 90% over the previous week, which needless to say is a trend that needs to stop quickly or else. I don’t know how long we can go on like this, but I do know that whatever happens it’s on Greg Abbott. Keep all of these folks in your thoughts.

What about City Council and redistricting?

Of interest:

The embedded image is a table of population figures for Houston City Council by district, broken down by race and ethnicity. The “target” population for each district, which is to say basically the total city population as enumerated by the Census (2,304,580) divided by 11. That number is 209,507, and as former County Clerk numbers guy Hector DeLeon observes, it’s the mostly Black and Latino districts that would need people added to them to meet that.

Note that the red negative numbers are in relation to the target population. If you want to know how each district has changed since 2011, when City Council was expanded to 11 members, part of a court settlement from some years before, you can review the actual population totals that the districts had at that time here. There’s some variation in there, with a range of 180K to 199K and a target of 190,859. A little variation, up to about five percent in either direction, is tolerated to accommodate other factors like communities of interest.

With that, you can see that districts H and I actually lost a little bit of population, while J is basically the same. To the extent that there was an undercount in Houston, due to COVID and Trump malfeasance and whatever else, those are the districts where you would expect it to manifest. District C grew by about 46K, districts D and G by about 40K each.

The big question is whether or not City Council is required to redistrict. It’s my understanding that the charter mandates a review of population figures to ensure that the districts are not “materially unbalanced”. As you may suspect from that kind of wording, there’s some discretion in there. There’s also some time, since the next city elections are in 2023. HISD has elections in 2021, but their filing deadline has already passed, and there wouldn’t be time to review and redraw their boundaries for this November in any event. So, it’s 2023 for them as well.

More injunctions against the mask mandate bans

Keep ’em coming.

Concluding that Gov. Greg Abbott exceeded his authority by banning mask mandates in Texas, an Austin judge ruled Friday that school districts in Travis County can enforce face coverings as a COVID-19 precaution.

State District Judge Catherine Mauzy’s order also applied to 19 school districts that represent about 1 million students — including Austin, Dallas, El Paso, Fort Worth and Houston — as well as Austin Community College, which also sued Abbott.

However, Texas Attorney General Ken Paxton quickly appealed, automatically blocking enforcement of Mauzy’s temporary injunction — though the Austin-based 3rd Court of Appeals can be asked to reinstate the judge’s order while Paxton’s challenge proceeds.

In her ruling, Mauzy concluded Abbott’s ban on mandatory masks — contained in a July 29 executive order — was unlawful and exceeded his authority in violation of the Texas Constitution.

Mauzy found that the school officials and parents who challenged Abbott’s order made “a sufficient showing” to establish that Abbott was not authorized to declare “by executive fiat” that school districts are prohibited from requiring masks to be worn.

Without court intervention, Mauzy added, Abbott’s ban leaves school officials unable to mandate masks to control the spread of COVID-19, “which threatens to overwhelm public schools and could result in more extreme measures such as the school closures that have already begun in several Texas school districts.”

In a separate ruling, Mauzy also granted an injunction sought by Harris County to allow a mask mandate to continue for Houston-area school districts, said Christian Menefee, county attorney.

“Gov. Abbott is misusing the Texas Disaster Act to make this pandemic worse,” Menefee said, calling the ruling an important step in reining in the governor.

But in a third challenge, the judge declined to issue a statewide injunction, requested by the Southern Center for Child Advocacy, that would have allowed mask mandates in all Texas school districts. Mauzy’s one-page order gave no reason for the denial.

It’s hard to keep track of all of these, but see here for the original ruling in the Harris County case, and here for the original ruling in the SCCA case; the filing of their lawsuit was noted here. I have so many of these posts, some of which combine stories from multiple lawsuits, so I can’t find (and may not have) a post about the original Austin lawsuit, but the famous SCOTx demurral of the emergency request by Paxton and Abbott to block a TRO was related to the Austin/Travis County lawsuit. I note that the Harris County case and the SCCA case were originally in Judge Jan Soifer’s courtroom, so I am assuming that a bunch of similar lawsuits were combined into one and that’s how they all wound up before Judge Mauzy.

The injunction may be on hold because of the appeal (there’s some fancy legal term for this that I have encountered before but forgotten by now), but the plaintiffs can and surely will ask for it to be reinstated by the Third Court of Appeals. That will force another reckoning with the Supreme Court, thanks to the recent order in the Bexar County case. In a sense all of this is just sound and fury since Abbott and Paxton can’t enforce the mask mandate bans anyway, but the ritual must be observed. I feel like I should get a CLE credit for all of this blogging. HISD Superintendent Millard House’s statement about the ruling is here, and KXAN and the Trib have more.

HISD starts its year

Good luck, kids. You too, parents.

For the second straight year, Houston ISD is set to welcome back nearly 200,000 students in the midst of a pandemic.

The similarities between last year and Monday’s reopening end there, however.

HISD entered the 2020-21 school year with COVID-19 infections and hospitalizations in Harris County on a downward slope. Nonetheless, the district began the year online and did not open its campuses until October. Nearly half its students finished the school year learning remotely even as case numbers had waned toward the end. Those who returned to campus remained masked up, socially distanced, and in some cases, behind plexiglass.

This year, the district is plunging right in, offering limited remote learning to vulnerable kids, requiring face masks but relaxing social distancing requirements while the number of COVID cases and hospitalizations are rising higher than ever, driven by the highly contagious delta variant and a lagging vaccination rate in Harris County.

Many of those cases involve young people, including some under 12 unable to be vaccinated. Eighteen percent of all the new cases in the Texas Medical Center this month have been children, President and CEO Bill McKeon said.

A look at COVID numbers in the surrounding districts, most of which have been open for less than two weeks, provides a glimpse into what the largest school district in the state could face when it opens its doors Monday.

A week and a half into the school year, Conroe ISD reported 1,487 students and 143 employees were isolated with symptomatic or test-positive COVID-19. Fort Bend ISD disclosed 536 total cases among students and staff. At Spring ISD, officials had 139 active student cases on the seventh day back.

On Friday, HISD had 157 active cases. The district finished last year with 2,037 total cases among students and another 1,600 among staff, according to state figures.

“We are really shoveling water out of the boat as we go because the cases are going up. The cases are jumping into the boat while we are shoveling them out of the boat,” HISD Superintendent Millard House II said of the region’s surge. “We are doing the best job we can, being as strategic as we can — keeping students and staff first in every decision that we make.”

It is what it is at this point. I forget where I saw it, but I came across the observation that HISD and other school districts were planning over the summer to emphasize making up for lost ground this year, and instead they’re having to deal with another form of the pandemic. The school year starts as the case rate is as high as it’s been since February, young kids still can’t be vaccinated, and the district is fighting to be able to enforce its mask mandate. I’m happy with the way Superintendent House has handled this so far, and I’m cautiously hopeful that we can get through the worst of this and be in a good place when we do. If you have schoolkids like I do, good luck and stay safe.

The mask rebellion

Sweet, sweet music to the ears.

The local mask rebellion, coupled with the fresh threat of legal action from President Joe Biden’s administration, poses the most serious challenge yet to [Gov. Greg] Abbott’s emergency powers, which he has wielded in unprecedented ways that have drawn intense criticism both from Democrats and from some conservatives.

[…]

Many school boards and superintendents are stuck between conflicting requirements from the governor and their local health departments, while others feel that masks are essential and that they have the authority to control their own schools, regardless of the governor’s wishes.

“I don’t think the governor has an MD next to his name,” said Conrado Garcia, superintendent of West Oso Independent School District in Corpus Christi. “We’re just trying to help our kids, and maybe what’s missing is some of that kind of thinking.”

West Oso is one of 58 school districts deemed “noncompliant” with Abbott’s order by Attorney General Ken Paxton, who is publishing a list of the rogue government entities.

At last count, the list also included three charter school groups, one city and eight counties — Bexar, Cameron, Dallas, Harris, Hays, Hidalgo, Nueces and Travis — for a total of 70 entities. Paxton, who is also suing to overturn some of the local mandates, encouraged the public to notify his office of any “violator” that was not included on the list.

Garcia said he hopes Abbott will come around on the local mask mandates.

“Our intention is not to fight the governor, our intentions are that he will realize that there’s so many parents, and the list is growing of the number of school districts that are passing more and more resolutions,” Garcia said. “So I think eventually, somewhere, somehow, common sense dictates to me that if you’re hearing from that many people, I hope that he will compromise and let us continue with our work.”

The cases pose a new legal test for Abbott, whose emergency orders withstood early challenges from the right, filed by conservative groups that argued against business closures and the governor’s own mask mandate.

The Texas Supreme Court decided last year that it didn’t have standing to take up those cases, though Justice John Devine nonetheless issued an opinion in which he critiqued a portion of state law that allows the governor to suspend certain laws and rules during emergencies.

“I find it difficult to square this statute, and the orders made under it, with the Texas Constitution,” Devine wrote, noting that only the Legislature — not the judiciary or executive branches — has constitutional power to suspend laws.

In the latest mask challenges, local officials are citing the same portion of state law, but with the opposite intent: to stop Abbott from blocking local action aimed at blunting the spread of COVID. In cases involving San Antonio’s and Dallas’ mask mandates, local officials have argued that Abbott may suspend only local orders that would “in any way prevent, hinder or delay necessary action in coping with a disaster.”

Ron Beal, an attorney and former administrative law professor at Baylor University, sided with the local officials in an amicus brief submitted to the state Supreme Court on Monday.

“It is wholly inconsistent with the legislative intent for the governor to consciously and knowingly not meet or prevent the dangers, but to enhance them,” Beal said. “There is simply no language in the statute that empowers the governor to give citizens permission to prolong the disaster. It is thereby void.”

[Dale Carpenter, a constitutional law professor at Southern Methodist University], said the case raises difficult constitutional questions for the conservative jurists on the court.

“That cuts a number of ways in this case, both for and against the governor, because he’s acting in a way that many conservatives believe is reinforcing individual rights to choice, choice about wearing masks specifically,” Carpenter said. “But I think the court certainly doesn’t want to issue an opinion that says the governor’s the commander-in-chief and he can do what he wants, and not qualify that opinion a lot.”

[…]

Paris ISD, in Northeast Texas, has taken a novel approach to its own mask mandate. While other districts have argued that health data or conflicting local requirements required them to ignore Abbott’s order, Paris ISD’s board simply amended its dress code to include a mask.

The lawyer for the district, Dennis Eichelbaum, argues that so long as the state’s education law remains in place, school districts have the exclusive right to govern themselves. Unless Abbott decides to use his emergency powers to suspend that law, Eichelbaum argues, school districts can institute mask mandates.

“We’ve always had dress codes. It’s very common in Texas. And this is no different, really, than saying we’re requiring our students to wear shoes,” he said. “I can’t explain why other law firms weren’t as creative, but it seems pretty simple to me.”

Eichelbaum argued that Abbott’s executive order is vague and inconsistently enforced, pointing to requirements that students wear face masks during welding class or that baseball catchers and football players wear face protection. Amending a dress code to include masks to protect against COVID is no different, Eichelbaum said.

Obviously, I am delighted by the resistance to Abbott’s shameful demagoguery on this issue. Abbott, who has made a career out of defying federal laws and directives he doesn’t like, deserves no sympathy for any of this. I don’t know what the Supreme Court will do, though their refusal to just call an end to all the litigation is moderately heartening, and I appreciate the legal analysis in this story. There’s at least a chance that common sense can prevail, and that’s more than we’ve had around here in awhile.

I will say, it’s been this kind of resistance to Abbott’s anti-mask mandate, which as noted has come from some red areas as well as the cities, that makes me give some credence to that Spectrum/Ipsos poll. Abbott may only care about the most fervid of Republican primary voters, but mayors and school boards have to answer to a broader electorate, and some of them will be facing that music this year. Maybe one of the HISD Trustee candidates, especially one in a district formerly held by a Republican, will base their campaign on an anti-mask platform, but if so I haven’t seen any evidence of it yet. If nothing else, this is a big campaign issue for next year, when we finally get a candidate for Governor out there.

Yes, the wastewater is also pointing to a COVID surge

In case you were wondering.

There is more COVID-19 in the city’s wastewater system now than at any time in the pandemic, city officials said Wednesday, the latest warning that the virus is spreading at an unprecedented rate.

Dr. David Persse, the city’s health authority, said there is more than three times as much virus in the system as there was last July. The volume also is higher than in January, during the most recent spike. Persse said that wastewater data, a precursor to other data points, show the surge will only grow worse in the coming weeks.

“We are at a level of virus in the wastewater that we have never seen before,” Persse said. “The wastewater predicts what we’ll see in the positivity (rate) by two weeks, which predicts what we’ll see in hospitalizations by about two weeks.”

[…]

The findings came during a news conference in which the city announced it will partner with Harris County and up to 17 school districts to vaccinate students over 12 and their families every Saturday in August, an effort they are calling “Super Saturday.” The inoculations will occur in school buildings throughout the region.

Persse described the state of the surge in stark terms, pointing to dire situations in area hospitals and rising cases and hospitalizations. The Lyndon B. Johnson Hospital declared an “internal disaster” Sunday night amid a nursing shortage and an influx of patients, circumstances officials said are occurring in other area hospitals, as well.

Texas Medical Center CEO Bill McKeon earlier this week said the region is “headed for dark times,” and the hospital system has exceeded its base intensive care capacity, opening unused wards to care for new patients.

“If you are currently unvaccinated, you need to consider that you represent a potential danger to yourself, and others, and most particularly your own family,” Persse said. “If you are not vaccinated… your chances getting through this without having to become either vaccinated or infected, is essentially zero.”

Just over 64 percent of Houstonians over 12 have received their first dose of the vaccine, according to city data, and 54.3 percent are fully vaccinated. The numbers among youth residents are more paltry, though: 28.1 percent of 12-17-year-old Houston residents are fully vaccinated, and 38.5 percent have received their first dose.

“If your child is 12 or older, stop and get them the shot,” said Houston ISD Superintendent Millard House II. “Increasing vaccination rates among our communities will help ease the worries of our families and their children returning to school.”

This is another one from earlier in the month, as things were really starting to get bad. We are familiar with this project, and it has been a big success. I just wish it had better news for us, but this is where we are. Getting more of those 12-and-older kids vaccinated would make a big difference as well, so I hope that effort is successful. We’re on our own, so we’d better act accordingly.

A few words from the CEO of the Medical Center

From an interview he did with Lisa Gray.

What we’re seeing, sadly, is more of the same, only with more intense numbers. The number of people who are testing positive in our community continues to escalate month over month. The test positivity rate is now at 15.1 percent.

But probably the most accurate reflection is our hospitalizations. We just reached an all-time high: 421 people were admitted to our hospitals for COVID yesterday.

Step back for a second and look at that relative to the entire pandemic. Back in June and July, we had two weeks where the average number of hospital admissions was over 300. That was in the second wave.

Fast forward to wave three: We had four weeks that averaged over 300.

Now we are into our second week with no slowing the pace. At 421 today, we are seeing the highest peak of all of the pandemic going back 18 months now.

It’s largely a pandemic of the unwilling — people unwilling to be vaccinated. Now 44% of Houstonians are unvaccinated. Those are the vast majority of the people that are showing up in our emergency rooms and and in our ICUs. They’re very sick.

Many people thought that they were young, and therefore their immune system would be strong enough to protect them. That is not the case with this deadly delta variant, which is three times more transmissible than the earlier alpha variant.

Our hospitals’ staffs are 18 months into this. They’re exhausted.

And we have far fewer nurses than we used to have. They’re being recruited to other states, like Florida, that are even worse off than Texas.

The saddest fact is, 18 percent of all the new cases so far in August are children.

With the alpha variant, everyone thought, “OK, it’s 65 and older.” So we went after the nursing homes, and we did a brilliant job at protecting the elderly population and those who are immunocompromised.

But now, that vulnerable population is children under 12, who are not able to be vaccinated. We are predicting a mess in our schools. With nearly 20 percent of new cases being children, now we’re going to huddle them together in schools? Some may have masks. Some may not. It’s a recipe for disaster.

You can read the rest or give it a listen, but his answer to the first question tells you most of what you need to know. Hospitals around the state have been facing a similar crisis. I keep harping on this because it needs to be harped on, as we have a governor who can’t follow his own dictum about “responsible behavior”, a felonious Attorney General who’s soliciting snitches so he can go after rogue mask mandates, and a Legislature that wants to ban mask mandates forever. This is what we’re up against.

I don’t know if I’d call this “good news”, but the projections say we can see the beginning of the end from here.

While hospitalization numbers are nearing the heights they reached during the state’s most fatal surge in January, public health projections indicate that the latest wave will result in fewer deaths — mostly because senior citizens are widely vaccinated and hospital patients are now much younger. Still, state health officials are preparing for the worst, preemptively ordering a fleet of five mortuary trailers from the federal government in case infections spiral.

Public health experts still expect at least some increase in coronavirus deaths over the coming weeks, as fatalities are a lagging indicator — cases rise first, then hospitalizations, then intensive care usage, then deaths.

Now, the state is averaging about 100 daily deaths, a number not expected to exceed 150 over the next month before tapering off. That’s nowhere near the 350 COVID deaths per day that the state saw in January.

“We’ll go up some, but again, not to the levels that we saw back in January,” said Dr. David Lakey, the vice chancellor for health affairs and chief medical officer at the University of Texas system, referencing the forecasts.

Still, the precipitous rise in hospitalizations is a cause for concern. More than 12,000 Texans were in the hospital with the virus on Wednesday, with dozens of Texas hospitals running out of ICU beds (during the winter surge, hospitalizations peaked at just over 14,000). Patients are younger than they were in the first two waves of the virus, and almost everyone facing severe illness is unvaccinated.

[…]

Projection models following Texas’ daily COVID case and hospitalization counts anticipate a rise in deaths in the near future. By mid-September, a model offered by the U.S. Centers for Disease Control and Prevention estimates that the Lone Star State will see about 790 deaths per week, or roughly 113 per day.

Another model, produced by researchers at the Institute for Health Metrics and Evaluation at the University of Washington, projects about 125 deaths per day by mid-September in a worst-case scenario. In both forecasts, it appears that the state has already seen the brunt of its COVID deaths.

That’s largely because the vast majority of Texas’ over-65 population — those most vulnerable to the coronavirus — have received at least one dose of the vaccine, experts said.

“Those that were most at risk of having severe disease have some protection, and that’s good protection because of the vaccine,” Lakey said.

While a spike in hospitalizations and ICU bed usage does portend fatalities, the relationship between those data points will be less “linear” during the third wave, he said. It remains to be seen whether young patients will have other, long-term side effects of the virus — what some are calling “long COVID.”

Deaths will also decrease as more people become vaccinated or recover from the illness, said Dr. Ali Mokdad, a professor of health metric science at the University of Washington’s Institute for Health Metrics and Evaluation. The institute’s researchers estimate that about 74 percent of Texans will be immune to the delta variant, either through infection or vaccination, by Dec. 1.

“The virus is running out of people to infect,” he said.

The forecasts should not be interpreted as an assured outcome, though. Public buy-in on safety precautions, including mask-wearing, will ultimately determine the trajectory of the third wave.

In other words, don’t expect a best-case outcome, because we’re not allowed to do the things we need to do to make this less awful. Note also that while extensive vaccinations among older folks will help to limit fatalities, there will still be an excess of deaths in the coming weeks because of the overfilled hospitals – people with other serious conditions will die as a result, as was the case in the previous waves. Now is a very bad time to have a heart attack or be in a car crash.

At least there is a rise in the rate of people getting vaccinated, now that the threat is so much higher. Some of that is the result of mandates and restrictions on unvaccinated people, some is due to pressures and enticements from employers, and some is due to straight up financial rewards. Whatever it takes, whatever it takes.

SCOTx demurs

Very interesting:

This was for the Harris County litigation, which included Austin and several South Texas school districts. As such, Harris County’s mask mandate is still in effect. This is a procedural ruling, just telling Ken Paxton he needs to follow the law and go through the appellate courts first, and as such it buys some time. Given how accommodating SCOTx has generally been, it’s nice that they’re not fast-tracking any of this. I doubt it makes much difference in the end, but it matters now.

By the way, if you heard that Greg Abbott was dropping enforcement of school mask mandate bans, that simply isn’t so. Abbott and Paxton can go via the appellate courts as before and as they should have here, and the case will eventually make its way back to SCOTx, where they will likely give the state what it wants. Everything is temporary and in a state of flux right now.

Speaking of the appellate courts:

After Gov. Greg Abbott appealed a temporary order that allowed for mask mandates in schools and city- and county-owned buildings, the 4th Court of Appeals ruled Thursday that the order still stands.

On Monday, Judge Antonia “Toni” Arteaga of the 57th Civil District Court granted San Antonio and Bexar County a temporary injunction, allowing the mask mandates in city- and county-owned buildings and in schools to continue until a trial is held. The city and county sued the governor earlier this month over the ability to issue mask mandates.

Texas Attorney General Ken Paxton appealed the district court’s ruling on behalf of Abbott, arguing that his appeal automatically blocked the San Antonio and Bexar County mask mandate. While city attorneys disagreed, they still asked the 4th Court of Appeals on Tuesday to officially uphold the temporary injunction.

In an order issued Thursday, the 4th Court of Appeals reasoned that allowing local governments to have policies to protect public health maintained the status quo, while Abbott actually changed it with his July executive order prohibiting governmental entities from mandating masks.

The court also cited testimony given during the Monday hearing from Dr. Junda Woo, the medical director of the San Antonio Metropolitan Health District, and San Antonio City Manager Erik Walsh. Both said that requiring masks will help slow the spread of the delta variant, which is much more transmissible than previous coronavirus strains. They also pointed to the vulnerability of schoolchildren under the age of 12 who are not yet eligible for the coronavirus vaccine.

“Based on the temporary injunction order and the evidence attached to the emergency motion, the City and County have demonstrated that reinstating the trial court’s temporary injunction is necessary to prevent irreparable harm and preserve their rights during the pendency of this accelerated appeal,” the appellate judges wrote. “The circumstances of this case are unique and, quite frankly, unprecedented.”

See here for the background. This ruling means that the Bexar County mandate can remain in place until the hearing for the temporary injunction, which will be December 13. Except, of course, that Abbott and Paxton can appeal this ruling to SCOTx, and having gone through the proper channels this time, the same reason to reject the other TRO will not be in effect. Expect this to get a ruling from SCOTx in the next couple of days.

In the meantime:

A Fort Bend County district judge on Thursday granted the county’s application for a temporary injunction, siding with local officials in their fight against Gov. Greg Abbott’s ban on mask mandates.

Judge J. Christian Becerra of the 434th District Court approved the county’s application for the temporary injunction following a day’s worth of testimony in his courtroom.

The Fort Bend County public health director and a local hospital administrator testified to the healthcare emergency currently facing the Southeast Texas region. Both said they believe mask mandates would help mitigate the spread.

Fort Bend ISD had not gone along with implementing a mask mandate initially. This may change that, we’ll see. This was a late-breaking story, there will be more details to come.

And finally, just to show that you can’t keep Ken Paxton down:

Texas Attorney General Ken Paxton sued the San Antonio Independent School District Thursday after its superintendent said he’ll require all staff to get vaccinated against COVID-19 before an October 15 deadline.

The suit, filed in Bexar County District Court and shared by Courthouse News Service, argues that a July 29 order by Gov. Greg Abbott bars any public entity in the state from mandating that people take the vaccine. That order supersedes SAISD’s ability to require inoculations of its staff, the state claims.

“Defendants challenge the policy choices made by the state’s commander in chief during times of disaster,” according to the petition.

SAISD is believed to be the first large Texas school district to make vaccines mandatory. Superintendent Pedro Martinez’s demand comes during a statewide surge of COVID-19 cases as children too young to be vaccinated head back for a new school year.

“For us, it is about safety and stability in our classrooms,” Martinez told the Express-News this week. “We cannot afford to have threats to those two goals.”

Martinez also told the daily that the legal implications of his order weren’t a consideration.

A mask mandate is one thing, a vaccine mandate is another, at least in terms of waving a red flag in front of Abbott and Paxton. I expect Paxton to prevail, though we’ll see if he gets his restraining order from the district court judge or if he has to go up the ladder.

UPDATE: Here’s the Trib story about that SCOTx refusal to put a stay on the Travis County judge’s rulings, and here’s the Chron story. There’s so much damn news these days I just go with what’s in front of me when I’m ready to start writing, and circle back as needed.

Using the dress code to skirt the ban on mask mandates

Brilliant!

The Paris school district found a loophole in Texas Gov. Greg Abbott’s executive order preventing mask mandates across the state.

Paris ISD’s board of trustees voted to alter the district’s dress code to include masks, according to its website.

The school district, which is located about 100 miles northeast of Dallas, has nearly 4,000 students across eight campuses, according to the National Center for Education Statistics.

“The Texas Governor does not have the authority to usurp the Board of Trustees’ exclusive power and duty to govern and oversee the management of the public schools of the district,” Paris ISD said in a release posted on its website. “Nothing in the Governor’s Executive Order 38 states he has suspended Chapter 11 of the Texas Education Code, and therefore the Board has elected to amend its dress code consistent with its statutory authority.”

[…]

“The Board of Trustees is concerned about the health and safety of its students and employees,” the Paris ISD release says. “The Board believes the dress code can be used to mitigate communicable health issues, and therefore has amended the PISD dress code to protect our students and employees.”

Pretty damn clever, if you ask me. I’m sure Ken Paxton will file a writ of mandamus with the Supreme Court to stop them, and who knows what happens after that, but I hope other school districts are looking at this and thinking about it. By the way, Paris TX is in Lamar County, which voted about 80% for Trump in 2020. Not exactly a big liberal city taking this action here, is what I’m saying.

And sigh speaking of Paxton:

Paxton asked the Texas Supreme Court on Tuesday to overrule a Travis County judge who over the weekend allowed mask mandates to proceed in any school district in the state.

State District Judge Jan Soifer issued temporary restraining orders against Gov. Greg Abbott’s ban on mask mandates, clearing the way for Harris County and eight school districts to enact their own mask-wearing rules. Soifer also barred Abbott from enforcing his order “against Texas independent school districts.”

[…]

“The ongoing disregard of the law by certain local officials is causing mass confusion in Texas, necessitating intervention by this Court to provide clarity and statewide uniformity,” Paxton’s office wrote to Supreme Court justices Tuesday.

Abbott and Paxton have had some legal victories — albeit short-lived ones. The high court sided with Abbott and Paxton on Sunday and temporarily shut down mask mandates in Bexar and Dallas counties. But the court allowed legal challenges to continue playing out.

If I’m reading this correctly, this filing goes after both the Harris County temporary restraining order and the Southern Center for Child Advocacy TRO, both of which were handed down by Judge Soifer. As the story notes, while SCOTx has obliged the request to stay the TROs, it has not as yet put a halt to any of the lawsuits that have been filed, which Paxton has been asking for. As such, with one exception in Fort Worth no school district that has put forth a mask mandate has been barred from doing so, at least so far.

In the meantime, school districts are doing what they can do to keep the kids safe, which means keeping masks on.

Houston ISD is among those taking a hardline approach to enforcing their mask mandates, with threats of being sent home and disciplinary action for students who refuse to cover their faces. Other districts said they have no such plans and are hopeful that all students and staff members will abide by the face covering requirement without stirring up drama.

Keyhla Calderon-Lugo, a spokeswoman for Edgewood ISD in San Antonio, said the only students who showed up on campus without masks on Monday, the first day of school, did so by accident.

“We have surveyed our parents and have been in continuous communication with them,” Calderon-Lugo said. “For us, our community has been cooperating greatly with the guidelines and safety protocols established by the district.”

\Many school administrators think mask-reluctant children may just need a nudge. Almost across the board, districts with mandates in place have provided schools with extra masks and instructed staff to offer them to students who show up on campus without a face covering.

“We’re assuming that they didn’t have one, not that they don’t want to wear one,” said Sheleah Reed, a spokeswoman for Aldine ISD. “Our hope is that we keep students in class. Our goal is not to send them home. We’ve worked really hard to get all 67,000 of our students back to in-person learning.”

Where school districts diverge is when students refuse to wear masks after being offered one.

North of Austin, Pflugerville ISD is “certainly not denying any student access to school,” said spokeswoman Tamra Spence, who added that she was “not aware of any specific instances where a resolution hasn’t been reached” with children who have arrived unmasked since classes resumed Monday.

Some districts say they will segregate the unmasked students from those with masks.

At Houston ISD schools, students who refuse to wear masks will be “placed in a separate area” and their parents or guardians contacted. Those who continue to refuse will be told to stay home, marked absent and offered temporary online learning, according to district guidance.

Dallas ISD, meanwhile, is working with its schools to provide separate rooms where students who decline to follow the mask mandate will continue to receive instruction, Superintendent Michael Hinojosa said Sunday. He described Dallas ISD’s approach to enforcing its mask requirement as “nice but firm,” and noted that the district had not had any problems since its mandate took effect Aug. 10.

“We’re going to be benevolent. We’re going to work with people. We’re going to offer masks,” Hinojosa said. “But we’re going to be firm. We have to protect the health and safety of our students.”

This could all be a lot simpler, and we could genuinely be doing our best to keep kids and teachers and staffers safe, if Greg Abbott would allow it. He is the reason for the confusion, and he deserves all of the defiance he is getting.

HISD warns of “consequences” for not complying with their mask mandate

Consequences are, well, a natural consequence of non-compliance.

Houston ISD students and employees who refuse to wear masks when the school year begins could face discipline and be forced to temporarily learn online under new guidelines released by the district.

With exceptions and reasonable accommodations made for people with a “documented medical disability,” the district’s updated back-to-school plan, released Friday evening, says that those who refuse to comply with the mask mandate will face consequences.

HISD Superintendent Millard House II implemented a mask requirement on all students, staff and visitors to all campuses and facilities last week, with the support of the board of trustees.

Under the new rules, laid out in the district’s “Ready, Set, Go” plan, if a student is not wearing a mask, one will be provided. Students who refuse to wear masks will be “placed in a separate area” and their parents or guardians contacted. Students who continue to refuse to use face masks will be directed to stay home, marked absent and offered temporary online learning. Kids who refuse to wear face coverings on buses also may have their transportation privileges suspended.

An employee who refuses to wear a mask will be sent home for one day on administrative leave. A second occurrence will result in the employee being sent home and his or her personal time docked. If an employee violates the mandate a third time, he or she will face discipline, be sent home and personal time docked.

[…]

Jackie Anderson, president of the Houston Federation of Teachers, said she thinks HISD Superintendent Millard House is making the right move with the new rules.

“I feel that he’s trying to do what is best for staff and students,” she said. “Employers have a right to do what they think is best for their employees.”

However, like all disciplinary actions, the union will defend its members who face consequences for not wearing masks.

“We would defend any member facing any disciplinary action,” she said. “We have an obligation to do that.”

See here for some background; I missed the story where HISD approved the proposal. I agree completely with this approach. Put the burden on the people who refuse to comply. There’s no better way to maximize compliance. We’ll see what the legal situation looks like on Monday, but I fully support this approach.

The alternative looks something like this:

With the official return of students to campuses in Katy ISD slated for Wednesday, Aug. 18, the district reports it currently has 100 reported cases of COVID-19 throughout the district.

According to the district’s COVID-19 dashboard, the hardest-hit campuses are among the biggest in the district including:

Katy High School with six cases, including three staff members and three students.

[…]

While not mandated, the district encourages students and staff to wear face coverings when indoors, particularly for kindergarten through sixth-grade students until a COVID-19 vaccine is approved for students those ages.

Social distancing is encouraged, when possible.

Or this:

A small school district in West Texas has apparently become the first in the state this school year to temporarily shut its doors due to rising numbers of COVID-19 cases in the community.

An official of the Iraan-Sheffield Independent School District, with fewer than 400 students, announced Monday that it will close as of Tuesday and aims to reopen Aug. 30.

“This decision was made to ensure the safety of our students and staff as well as to make certain that we have appropriate staff available for each campus,” Superintendent Tracy Canter said in the statement.

Two small East Texas school districts — Bloomburg and Waskom — also planned to cancel classes at some schools this week due to the coronavirus, The Dallas Morning News reported.

[…]

The district’s back-to-school plan said masks were not required but were strongly encouraged.

Over the last week, COVID-19 hospitalizations in Pecos County, where Iraan is located, have risen from 9.5% to about 14.5% of hospital capacity, according to the Texas Department of State Health Services.

This is what “voluntary compliance” will get you. Give me mandatory compliance, if you want better results.

There actually is still a court order that allows for mask mandates in place

Hey, remember that other lawsuit filed against Greg Abbott’s ban on mask mandates, by the Southern Center for Child Advocacy? I noted it in passing in this post, and then like you I forgot about it. And then on Sunday afternoon, this happened:

As of Monday morning, I had not seen any news coverage of this. As discussed before, that Supreme Court ruling only applied to Dallas and Bexar counties, and the affected school districts in those counties appeared to be interpreting it in a way that said it didn’t apply to them. Other jurisdictions like Harris County and Austin were not covered, so their mandates were also not affected.

Later in the day, there was this story:

After the Texas Supreme Court’s decision, several Dallas County school districts started backtracking, making masks optional once again, though Dallas ISD held firm.

But that same evening, a Travis County judge granted a new restraining order that temporarily blocks Gov. Greg Abbott from prohibiting mask mandates in Texas public schools.

The restraining order was granted in a case involving The Southern Center for Child Advocacy. Officials from the center did not immediately respond to requests for comment on Monday but noted on the group’s Facebook page that the restraining order — issued by Judge Jan Soifer in the 345th Judicial District — was in effect statewide.

“It was not one of the TROs blocked by the Texas Supreme Court yesterday afternoon,” the group wrote.

Richardson [ISD] Superintendent Jeannie Stone said the order allowed her district to keep a mask mandate in place as the school year is set to start on Tuesday.

“This ruling, at least temporarily, puts this decision where it should be — at the local level,” Stone said in a video announcement. In an interview with The Dallas Morning News, Stone said Richardson is committed to following the law and would adapt its decision making if the law changes.

The restraining order essentially allows individual districts the leeway to set their own mandates independent from their counties. Officials with the attorney general’s office asked the Supreme Court of Texas to block this order as well. The Texas Supreme Court did not grant the attorney general’s request on Monday for an immediate block based on the day before’s decision.

Attorney General Ken Paxton wrote to the Southern Center for Child Advocacy on Monday, asking the group to acknowledge on Monday that their temporary restraining order is “void and of no effect” because of the Texas Supreme Court decision.

Henry Green Bostwick II, an attorney representing the center, countered that he would withdraw the lawsuit against the state if Gov. Abbott altered his order to allow school districts to enforce mask mandates.

Paxton has vowed to take all school districts that violate Abbott’s mask mandate ban to court. Paxton falsely claimed Sunday evening that the Supreme Court’s decision ordered Dallas County and Dallas ISD to follow the governor’s order.

However, the decision did not mention Dallas ISD. A spokesman for Paxton did not return a request for comment on whether the attorney general planned to sue DISD over its mask requirement.

“Until there’s an official order of the court that applies to the Dallas Independent School District, we will continue to have the mask mandate,” Superintendent Michael Hinojosa said late Sunday.

[…]

Other school districts are signaling their intentions to jump into the legal fray, too.

DeSoto ISD trustees are scheduled to meet tonight to discuss authorizing their legal counsel to file a lawsuit against Abbott in order to allow the districts “to make local decisions regarding the health and safety of its students and employees,” according to the board’s agenda. Arlington ISD is expected to take up a similar vote later this week.

So, safe to say that for now, as of Monday afternoon, school districts that wanted to keep a mask mandate in place could do so. And then there’s this:

Here’s the DMN story if you can read it. Again I ask: Who is actually bound by that Supreme Court order? Far as I can tell, no one is paying it any heed, and now there’s the second court order that would seem to invalidate it, or at least contradict it. I can’t see this as anything but a temporary situation, and yet here we are. Until something else happens, it’s what the counties and school districts are saying that is in effect. I for one prefer it that way.

SCOTx does what SCOTx does

Room service, as always.

The Texas Supreme Court on Sunday temporarily blocked mask mandates in Dallas and Bexar counties, marking a pivotal moment in the showdown between state and local government as coronavirus cases and hospitalizations surge in Texas.

The ruling comes after several school districts and a handful of counties across the state defied Gov. Greg Abbott’s executive order that restricted local entities from instituting mask mandates. On Friday, the 4th Court of Appeals in San Antonio upheld a lower court ruling that permitted Bexar County to require mask-wearing in public schools. Shortly after, the 5th Court of Appeals in Dallas upheld a more far-reaching order from Dallas County Judge Clay Jenkins that required masks in public schools, universities and businesses.

In a petition for a writ of mandamus to the Texas Supreme Court, Texas Attorney General Ken Paxton’s office said the Texas Disaster Act of 1975 gives the governor power to act as the “‘commander in chief’ of the state’s response to a disaster. Attorneys representing cities and counties that have sued Abbott over his executive order have argued that his orders should not supersede local orders.

“Let this ruling serve as a reminder to all ISDs and Local officials that the Governor’s order stands,” Paxton said in a tweet on Sunday after the ruling.

Abbott’s response to the decision was less pointed, specifying that his executive order does not prohibit mask-wearing.

“Anyone who wants to wear a masks can do so,” Abbott said in a tweet.

See here and here for the background. Abbott’s tweet is pathetic in its misrepresentation of the issue. Masking only works if the people who are sick – whether they know it or not – are in compliance. That means that the people who are most likely to be sick – unvaccinated adults and unvaccinated children, which is all children under the age of 12 – especially need to be masked, and as we very well know, that first group and their children are not ever going to do that voluntarily. My mask doesn’t protect me from you (unless I’m wearing an N-95), it protects you from me. If you’re not reciprocating, it’s not doing us any good. The problem with Greg Abbott is not that he doesn’t understand this, it’s that he values the opinion of the largely unvaccinated and completely indifferent Republican primary voters more than anything else. And so here we are.

As for Paxton, he’s wrong in two ways. First:

And second:

Austin Mayor Steve Adler and Travis County Judge Andy Brown last week required face coverings to be worn inside public schools and government buildings to deal with a surge in local COVID-19 infections. Both insisted the orders remained in effect because Sunday’s court action did not involve local rules.

“While we await a final decision, we believe local rules are the rules,” Adler said on Twitter. “Regardless of what eventually happens in the courts, if you’re a parent, please keep fighting to have everyone in schools masked. We stand with you.”

[…]

A number of other mask mandates rely on trial court orders not yet before the Supreme Court, including restraining orders issued Friday in Travis County for Harris County and a half-dozen South Texas school districts.

Harris County Attorney Christian Menefee said Sunday’s Supreme Court action did not affect his county, and he plans to move forward toward an expected injunction hearing like Dallas and San Antonio.

The Chron story makes the same point. To be sure, Paxton can pursue the same kind of writ against Harris and Austin and those other school districts – several others that have as far as I know not been involved in litigation yet have implemented mask mandates – and when SCOTx issues a final ruling it can and likely will encompass all of the other jurisdictions in its order. But until then, no one other than Dallas and Bexar Counties are directly affected. And for what it’s worth, it’s not clear to me what would happen if they just decide to tell Abbott and Paxton and SCOTx to go pound sand. They haven’t yet, and they may never, but don’t throw out the possibility. The San Antonio Report has more.

UPDATE: Interesting:

I mean, he’s not wrong. And this is what I’m saying about the state’s ability to enforce this. As above, Paxton could go after DISD and make them comply. But until and unless he does, what’s stopping them from continuing on as they had planned?

UPDATE: This too:

At this point it’s not clear to me that anyone truly feels bound by this SCOTx order.

And it’s off to SCOTx for the mandate stuff

It’s where it was always headed.

Texas Attorney General Ken Paxton is taking the mask mandate battle to the state Supreme Court after the state was defeated in its attempts to overturn such mandates in San Antonio and other municipalities.

Paxton made the announcement late Friday night in a tweet that read, “We have taken this mask mandate to the Texas Supreme Court. The Rule of Law will decide. — AGPaxton.”

On Friday, a three-judge panel of the 4th Court of Appeals denied Paxton and Gov. Greg Abbott’s request to overturn a temporary restraining order granted Tuesday that blocked Abbott’s ban on mask mandates and allowed the city to order masks in schools and government buildings.

“After considering the petition and the motion, this court concludes (the state) is not entitled to the relief sought,” Justices Luz Elena Chapa, Irene Rios and Beth Watkins wrote in their Friday ruling.

That same day, the 5th Court of Appeals in Dallas also denied the state’s bid to overturn a mask order by Dallas County Judge Clay Jenkins. And in Travis County, a judge granted similar restraining orders against Abbott to Harris County and the South Texas school districts of Brownsville, La Joya and Edinburg, allowing them to keep mask mandates in place.

See here for some background, and here for a story about the Dallas appellate verdict. As far as I can tell, this hearing will review both of those rulings, and thus will obviously affect the other litigation going on. To that end, Harris County Attorney Christian Menefee has submitted an amicus brief in support of Dallas and Bexar. I have no particular reason to believe that the Supreme Court will do anything other than offer the usual room service to the state, but I have to hope, because what else is there to do? I assume we will know shortly what they think. KXAN and the Trib have more.

Harris County gets its restraining order against Abbott

Step one.

A judge in Travis County on Friday granted Harris County a temporary restraining order, blocking Gov. Greg Abbott’s ban on local COVID-19 restrictions.

The decision by Judge Jan Soifer of the 345th Civil District Court provides legal cover for the county health department, which Thursday issued a mask mandate for schools and day care centers at the direction of County Judge Lina Hidalgo.

“While this decision is temporary, it’s a victory for residents in Harris County who are concerned about this public health crisis,” County Attorney Christian Menefee said in a statement. “We need every tool at our disposal to stop the spread of COVID-19, including masks and other measures that are proven to slow the spread.”

A handful of area school districts, including the Houston, Spring, Aldine, Galena Park and Galveston Independent School Districts, have issued mask mandates. Others said they were waiting to see how the legal battles between the state and local officials are resolved.

[…]

[Harris County Judge Lina] Hidalgo on Aug. 5 moved the county to its highest pandemic threat level, which urges unvaccinated residents to stay home and avoid unnecessary contact with others. She said masks are particularly important in schools because children under 12 cannot yet be vaccinated, which health officials agree is the best defense against COVID-19.

Harris County’s order also requires schools to notify parents when a student comes into contact with someone who tests positive for the virus; the Texas Education Agency advises but does not mandate this.

“At this point, public health interventions like masking, contact tracing and notifications in schools remain (children’s) only protection against the virus,” Hidalgo wrote in a letter to superintendents Tuesday.

In his lawsuit, Menefee said the governor had exceeded the authority given to him by the Texas Disaster Act of 1975, which, he argued, allows Abbott to suspend laws only in certain circumstances.

Abbott and Attorney General Ken Paxton, who was also named in the suit, are almost certain to appeal. The pair pledged in a joint statement Wednesday to sue any “school district, public university or local government official” who violates the governor’s executive order.

Randall Erben, a professor of the University of Texas School of Law, said Abbott has broad powers under the Disaster Act. This situation is unique, said Southern Methodist University law professor Nathan Cortez, because the governor is attempting to limit, rather than enhance, the government’s response to a disaster.

See here for the background, and here for a story about what other area ISDs are doing. I can’t blame any of them for waiting to see how the litigation winds up before changing course, though I would strongly encourage them to be as forcefully on the side of protecting their students and teachers and staff as much as possible.

As noted before, Abbott and Paxton are now appealing the lower court orders that allowed for the mask mandates to go forward for now. So far that isn’t going well for them, either, though that comes with an asterisk:

Yeah, we know that’s where this is going, and there’s no particular reason to be optimistic. It should also be noted that a district court judge in Tarrant County issued a TRO blocking the Fort Worth ISD’s mask mandate in response to a suit filed by some parents. That was a Republican judge, though there was more to the case than just the executive order. It’s not hard to see the partisan split, though. Still, every loss Greg Abbott suffers, even if transitory, is worth it.

Harris County sues Abbott and issues a mask mandate

Quite the busy day yesterday.

Harris County Judge Lina Hidalgo on Thursday issued a mandatory mask order for Harris County schools and daycares, joining the chorus of elected officials in the Texas’ larges cities in defying Gov. Greg Abbott’s order prohibiting local COVID-19 restrictions.

Hidalgo’s order requires students, teachers, staff and visitors to K-12 schools and daycare centers to wear face coverings. Schools also are required to notify parents when a student has close contact with someone who tests positive for the virus.

“There’s an unwritten contract between parents and their schools — and it’s that when our children are under the care of their schools, they do everything they can to keep them safe,” Hidalgo wrote in a letter to superintendents.

Houston ISD’s board of trustees already is expected to vote Thursday on a mask mandate proposed by Superintendent Millard House II. House announced he would bring such a proposal to the board last week.

Earlier on Thursday, County Attorney Christian Menefee filed a lawsuit challenging Gov. Greg Abbott’s executive order prohibiting local authorities from issuing COVID-19 restrictions, such as mask and vaccine mandates.

Menefee told the Houston Chronicle Tuesday evening that he believes the July 29 order violates the Texas Disaster Act of 1975, which he said grants the governor the power limited authority to suspend laws.

“In his orders, he’ll suspend two to three laws specifically by name, and then he’ll say ‘any other laws that could allow a local official to do something inconsistent with what I’m doing,’” Menefee said. “That’s not how a democratic society works. You have separation of powers.”

Commissioners Court had previously authorized Menefee to file suit.

The move came at the end of a whirlwind day where local officials in Dallas and San Antonio prevailed — at least temporarily — in their own legal challenges to the governor’s order.

In Houston, the three Democrats on Commissioners Court voted to allow County Attorney Christian Menefee to bring his own case, over the objections of the two Republican members.

Menefee said he is undecided but leaning toward filing suit; he said the county would seek a temporary restraining order preventing the state from enforcing Abbott’s July 29 executive order prohibiting local governments from issuing local COVID-19 restrictions.

Abbott is exceeding his authority under the state Disaster Act of 1975, Menefee argued, which the county attorney said allows the governor to suspend laws in only narrow circumstances.

“What he’s doing is not helping in furtherance of coping with the disaster,” Menefee said. “Instead, he’s basically taking this power and turning it into a mechanism to tie local officials’ hands. The problem is none of the justifications he’s providing make any sense.”

See here for the background. Obviously, County Attorney Menefee made up his mind since then. Filing this suit, in the same manner as several other jurisdictions, was I think a straightforward choice. Winning it will be another matter.

If the past is any guide, the local governments are unlikely to prevail in court, said University of Texas School of Law Adjunct Professor Randall Erben. Governors have broad power under the Disaster Act, he said, noting that the state Supreme Court sided with Abbott when Travis County attempted to enact a New Year’s Eve curfew for restaurants.

“Given the precedent and given the broad discretion the governor has under that act, he’s probably on pretty solid ground,” Erben said.

The San Antonio Report consulted another expert with a similar opinion.

Political science and law experts agree that the local governments’ mask mandates have an unfavorable path forward, ending with the Texas Supreme Court; all nine justices are Republicans and have shown little appetite for ruling against the governor.

[…]

Despite the crisis, St. Mary’s University School of Law professor Michael Ariens believes the lawsuit’s ultimate success is a “long shot.”

Attorneys for the city and county relied on a dissenting opinion from a judge on the 8th Court of Appeals in a mask mandate case involving El Paso County, Ariens said: that Texas law does not allow the governor to suspend laws giving local governments the ability to respond to public health crises as they see fit.

“A decision by a dissenting [opinion] of the court, while sometimes correct,” Ariens said, “is not as helpful as a decision from a majority of the court.”

But getting the temporary restraining order granted in the first place puts San Antonio and Bexar County in a stronger position, he said, as it allowed the city to get a mask mandate in place in public schools and public facilities. That means “the ball is in the state government’s court,” he said, which will have to make a move “if it wants to change the status quo before Monday.”

A hearing is scheduled Monday morning; lawyers representing San Antonio, Bexar County, will ask to extend the temporary restraining order into a temporary injunction. If granted, the mask mandate would remain in place until trial or until the decision was appealed.

[…]

Abbott’s swift action to get a temporary restraining order lifted was expected, as the governor would not want to be seen as weak while school districts and local governments defy his executive order, said Jon Taylor, professor of political science and chair of the department of political science and geography at the University of Texas at San Antonio. But no matter the ultimate outcome, Taylor said, Abbott’s political standing will likely remain unaffected.

“A week is a lifetime in politics and this can radically change, but if the governor wasn’t hurt by what happened with the electric grid and the winter storm in February — and for the most part, he seems to have not been hurt by it — it’s probably the same kind of calculations here when it comes to the masking order and mandatory versus voluntary vaccinations,” Taylor said.

Henry Flores, professor emeritus of political science at St. Mary’s University, had a slightly different take. He believes the collective force of school districts, county judges, and mayors could push the weather vane in the opposite direction.

“He’s playing a tough game with everybody, but if enough people stand up to him and cause enough of an uproar, he’ll back down, I think,” Flores said. “And that might be the safe investment for him to make. … It’ll become too much of a political annoyance for him, and it could end up costing him dearly. He’s going to have to weigh all that.”

If the case moves quickly, and the Texas Supreme Court vacates the temporary restraining order, “chaos” could ensue, Taylor said. Not only would the back-and-forth cause further confusion among parents of schoolchildren, but leaders of Bexar, Dallas, and Harris counties could simply refuse to stop requiring masks.

“This is not some sort of radical rebellion,” he said. “You’re talking about school districts that are following CDC guidelines on masking. The other thing is this: because there’s enough prosecutorial discretion that’s involved, it takes time — obviously justice takes time — and any sort of delay in court action could be months from now, long after, hopefully, the crisis and the spike in delta has passed. It could all be a moot point by then anyway.”

I would quibble with the assertion that Abbott took “swift” action – as you know, I’ve been marveling at how long it took him to respond. Be that as it may, the point about the counties just not moving to undo what they have ordered is an interesting point. Abbott may win in court, but that doesn’t mean he’ll get his way, at least not right away. And I’d bet none of those county judges suffer for any of it politically, either. We have a ways to go before this is truly settled.

UPDATE: The HISD Board approved the mask mandate that Superintendent House requested.

Fort Bend joins the lawsuit parade

Come on in, the water’s fine.

As the Delta variant drives a pandemic surge, Fort Bend County officials on Wednesday filed a lawsuit against Gov. Greg Abbott’s executive order banning local government from implementing public health mandates.

“I’ll do all I can to protect the public health, and the people of Fort Bend County,” Judge KP George tweeted. “I hope others will join me in following the science and listening to local doctors and the CDC to act swiftly and decisively.”

The county filed a lawsuit in district court requesting a temporary restraining order to challenge the Republican governor’s order. George, a Democrat, and other county leaders had scheduled a news conference for Wednesday afternoon.

County commissioners met in a closed special session at 3 p.m. Wednesday to deliberate with an attorney and discuss potential responses to rising COVID-19 infections, according to the meeting agenda.

The story has no further detail, so I will just assume this is along similar lines as the others so far.

We now have our first official response from the powers that be, and as one might expect, it’s arrogant and jerky.

Attorney General Ken Paxton said Wednesday he plans to appeal a pair of rulings by judges in Dallas and San Antonio that allow local officials in those cities to issue mask mandates, with possible decisions from the Texas Supreme Court by the end of the week.

The temporary rulings override Gov. Greg Abbott’s May executive order that bars local officials from requiring face coverings. They came in response to legal challenges from top elected officials in the Dallas and San Antonio areas, who argued Abbott overstepped his emergency powers by preventing the local mandates. The rulings also pointed to a rapid ongoing rise in COVID hospitalizations across the state, particularly in large cities.

Paxton said Wednesday he expects a quick ruling in his favor from the state’s top civil court.

“I’m hopeful by the end of the week or at least early next week we’ll have a response from the Texas Supreme Court,” Paxton told conservative radio host Dana Loesch. “I’m going to tell you right now, I’m pretty confident we’re going to win that.”

[…]

Paxton argued on the talk show Wednesday that the Texas Legislature had granted Abbott the power to ban local COVID restrictions, including mask mandates, through the sweeping Texas Disaster Act of 1975. He also downplayed the early court win by Jenkins.

“The reality is, he’s going to lose,” Paxton said. “He may get a liberal judge in Dallas County to rule in his favor, but ultimately I think we have a Texas Supreme Court that will follow the law. They have in the past.”

We’ll see about that. For what it’s worth, there was one Republican district court judge in Fort Bend who wasn’t challenged in 2018, so there’s at least a chance that he could preside over this case. The crux of the argument here is that it’s Greg Abbott who isn’t following the law. I agree with Paxton that the Supreme Court is going to be very inclined to see it Abbott’s way, but I’d like to think they’ll at least take the plaintiffs’ arguments into account.

Later in the day, we got the first words from Abbott as well.

“The rebellion is spreading across the state,” Bexar County Judge Nelson Wolff said.

Abbott — under intense pressure from some on his right to hold the line against local officials who want to require masks — now is trying to quell that rebellion.

Hours after Jenkins signed his mandate, Abbott and Attorney General Ken Paxton announced they would go to court to block Dallas County’s top official — asking the 5th Court of Appeals to overturn the state district judge’s decision that allowed Jenkins to move forward. The two men threatened to sue any government official who defies Abbott’s order.

“The path forward relies on personal responsibility — not government mandates,” Abbott said in a statement.

Yeah, that’s what has gotten us to this situation in the first place. I will confess that I’m surprised it has taken this long for Abbott to speak up. He’s never been shy about quashing dissent, and as this story notes the right wing scream machine has been fulminating about his lack of action. Those days are clearly now over.

We got another peek at the state’s response in this story about the larger revolt by cities and school districts against Abbott’s mask mandate ban.

At a hearing Tuesday afternoon before state District Judge Antonia “Toni” Arteaga, a city attorney argued that Abbott had exceeded the bounds of the Texas Disaster Act of 1975, which the governor cited in suspending local authority to impose COVID restrictions.

“The Texas Legislature has given cities and counties broad authority within the Texas Health and Safety Act,” said Assistant City Attorney Bill Christian. “Only the Legislature has the authority to suspend laws.”

Kimberly Gdula, a lawyer with the Texas Attorney General’s Office, pointed to an appellate court ruling last November that upheld Abbott’s ban on local business restrictions. She also argued that the city and county were asking the court to improperly “throw out” parts of the Disaster Act.

Interesting, but I don’t know how to evaluate it. When there are some actual opinions and not just temporary restraining orders pending the injunction hearings, we’ll know more.

It’s possible there may be another avenue to explore in all this.

President Joe Biden says the White House is “checking” on whether he has the power to intervene in states like Texas where Republican leaders have banned mask mandates.

Asked whether he has the power to step in, Biden responded: “I don’t believe that I do thus far. We’re checking that.”

“I think that people should understand, seeing little kids — I mean, four, five, six years old — in hospitals, on ventilators, and some of them passing — not many, but some of them passing — it’s almost, I mean, it’s just — well, I should not characterize beyond that,” Biden said.

[…]

White House Press Secretary Jen Psaki said Wednesday the administration is “looking into ways we can help the leaders at the local level who are putting public health first continue to do their jobs.” She said those include efforts to “keep students safe and keep students in school” and that the U.S. Department of Education “and others” are working on it.

Insert shrug emoji here. I don’t know what this might look like, but I believe they will be creative in looking for a possible point of leverage.

Finally, on a side note, Fort Worth ISD implemented a mask mandate on Tuesday. We are still waiting for HISD to vote on the request by Superintendent Millard House to implement one for our district. The Board meeting is today, I expect this to be done with little fuss from the trustees.

Dallas ISD to require masks

Good for them.

Starting Tuesday, Dallas ISD will require students and teachers to wear masks at its campuses, defying Gov. Greg Abbott’s order that bars districts from issuing mask mandates.

Superintendent Michael Hinojosa announced the change during a Monday morning press conference, saying that it was within his discretion to ensure the health and safety of his employees and the district’s students.

“We’re in a situation that has gotten significantly more urgent,” Hinojosa said.

Dallas is the first district in the state to flout the governor’s order; Houston — the state’s largest district — is considering such a move. Its new superintendent, Millard House II, announced last week that he would bring a mask mandate in front of Houston trustees at their next board meeting, Aug. 12.

School officials say it’s necessary in the face of the highly contagious delta variant. The youngest students remain ineligible for the COVID-19 vaccine.

In a statement, Ben Mackey, Dallas’ board president, said he was fully supportive of Hinojosa’s stance.

“The superintendent is the educational leader and chief executive officer of our school district tasked with the day-to-day operations of the district, which includes implementing safety protocols,” Mackey said. “Requiring masks for staff and students while on district property is a reasonable and necessary safety protocol to protect against the spread of COVID-19 and the new delta variant.

“Towards the end of last school year, we saw very low transmissions rates on campuses, thanks in part to masks being worn consistently by educators and students.”

Abbott’s executive order, issued in May, bars public schools and the Texas Education Agency from issuing any requirements on mask usage. Those who defy Abbott’s order could be subject to a fine of up to $1,000. It’s unclear how such a penalty could be applied to school districts.

Asked about a potential fine, Hinojosa responded: “Who knows?”

“All this is going to play itself out, and we’re not going to be the only ones taking this action,” Hinojosa said.

That certainly seems to be the case, as we have discussed before. HISD will vote on whether or not to follow through on Thursday, while Austin ISD may have made a decision by now as well. There’s also this:

Meanwhile, the Southern Center for Child Advocacy, a nonprofit education group, filed a lawsuit Sunday night in Travis County against Abbott and his executive order prohibiting school districts, governmental bodies or any public or private entity that is receiving or will receive public funds from requiring masks.

In the absence of a statewide mask mandate, the group seeks to give the power to enforce mask wearing back to local school districts, said Hank Bostwick, volunteer center coordinator and lawyer.

[…]

The lawsuit claims that Abbott is overreaching his authority and that his emergency powers should be used to take proactive steps and “not to advance an anti-mask political agenda that has no discernible basis in the data regarding the COVID-19 contagion rate.”

“This is purely political gamesmanship, and has nothing to do with the health and safety of Texas children or their teachers,” Bostwick said.

The lawsuit highlights that people of color are still lagging behind in vaccination rates and getting these families back in schools without proper protection makes them vulnerable to an increased rate of infection.

“The threat to the health and safety of Texas public school students and teachers is imminent and real,” the lawsuit states.

The group also claims that the governor is in violation of Texas education code because children with disabilities “are entitled to learn and interact with their non-disabled or typical peers in a safe and healthy educational environment.” The order not allowing masks means some of these students may be unable to attend school in-person if masking is not required, the lawsuit claims.

I looked around but was unable to find anything else about this lawsuit. From the Trib story, it seems they are making a couple of statutory claims – the Governor does not have the legal authority under the law to forbid school districts (and presumably other local governmental entities) from forbidding them from adopting mask mandates, and the lack of a mask mandate violates state law about providing an equal educational opportunity to all students. This Chron story suggests that these plaintiffs are not alone in that position.

Harris County Attorney Christian Menefee contends Abbott is misusing the Disaster Act. He cautioned that the governor’s power “is not absolute.”

“While he acknowledges that COVID is a health crisis that needs addressing, he then bars measures that would help mitigate this disaster,” the county attorney said in a statement. “The Disaster Act doesn’t allow him to do that, and local county and city officials should be able to take actions needed to stop the spread of COVID — including issuing a mask mandate.”

It would be fine by me if the Harris County Attorney were to take more direct action on that point. It may well be that this legal argument fails in court, but I see no harm in making that argument, as forcefully as possible. Maybe it’s Greg Abbott who is wrong in his interpretation of the law. Wouldn’t it be nice to know? Only one way to find out.

UPDATE: The Chron writes about the SCCA suit but has no further details.

UPDATE: Austin ISD will require masks as well.

There needs to be more defiance of Greg Abbott and his no-mandates mandate

I find a bit of a pattern in this story and wonder if there may be something to it.

School districts, local officials and hospitals are pushing back on Gov. Greg Abbott’s executive order barring mask and vaccine mandates, setting the stage for legal showdowns over coronavirus safety measures just as cases are surging in Texas and hospitals are filling up.

Houston ISD signaled its intention to require face coverings when students return this month. The University of Texas Medical Branch in Galveston requested an exemption to mandate COVID-19 vaccinations for staff, but was denied. Dallas County Judge Clay Jenkins required face masks at a meeting this week; he’s now being sued.

[…]

Dr. Mark McClellan, who advised Abbott earlier in the pandemic, said local officials need flexibility based on conditions in their area.

“There is evidence that wearing a mask, especially at times of high community transmission which Texas has right now, does help significantly,” said McClellan, former commissioner of the U.S. Food and Drug Administration and director of the Duke-Margolis Center for Health Policy at Duke University.

“I appreciate that wearing a mask is inconvenient, I would rather not do it,” he said. “But if there are high rates of transmission in the community I think it’s important for local authorities to have the ability to make a decision that works best for their students and their population.”

Early last year, Abbott said he would rely on data and doctors in making decisions to promote public health. McClellan was one of Abbott’s four original medical advisors, but is no longer playing that role.

Abbott has remained in regular contact with one of the original advisors, Department of State Health Services head Dr. John Hellerstedt, since the beginning of the pandemic, according to spokeswoman Renae Eze. Hellerstedt did not answer questions about whether he agreed with Abbott’s executive order.

[…]

It remains to be seen whether other school districts follow suit in defying Abbott’s order. El Paso officials wrote to Abbott this week urging him to give school districts a choice in whether to require masks or not. Dallas ISD did not respond to a request for comment.

Violations of Abbott’s order can result in a fine of up to $1,000. Georgina Pérez, a State Board of Education member from El Paso, volunteered to raise money to help pay fines for school districts that defy the governor’s order by mandating masks.

“Knowingly not protecting children from harm goes against everything that teachers stand for,” she said.

Abbott’s office did not immediately respond to questions about whether any fines have been levied to date. Houston Mayor Sylvester Turner has faced no pushback since he told the city’s roughly 20,000 workers on Monday to resume wearing masks at work, according to a spokesperson.

[…]

Some institutions that sought exemptions from Abbott’s order have been rejected. The latest version blocks a wide swath of government entities, including cities, counties, universities and publicly funded hospitals, from requiring staff get the vaccine while full FDA approval is pending.

The University of Texas Medical Branch would want to require vaccination of its frontline clinical staff and requested an exemption, but was told to abide by the governor’s order, according to Dr. Janak A. Patel, director of the Department of Infection Control & Healthcare Epidemiology.

Dr. John Zerwas, the UT system’s vice chancellor for health affairs, raised the exemption request with Abbott recently, who was not willing to change his position, he said.

Parkland Hospital, a publicly funded organization that falls under Abbott’s order, plans to require its employees get vaccinated as soon as the FDA fully approves the shot. In anticipation, Parkland alerted staff this week that the first dose will be required by Sept. 24 and the second — or single Johnson & Johnson dose — by Oct. 15. Approximately 71% of staff are already vaccinated against COVID-19.

“These steps are necessary to protect Parkland’s complex patient population who, due to their socio-economic status, often have no choice in where they receive care,” said Michael Malaise, senior vice president of communications and external relations for Parkland, in an email.

The main thing I notice is that for the most part, the entities that have just gone ahead and done the thing they wanted to do that was in violation of Abbott’s executive orders have – so far – not received any pushback for doing so. The exception is Dallas County Commissioners Court, which got a stern letter from Ken Paxton after barring one of the commissioners from entering without a mask, but even that letter didn’t spell out any particular actions Paxton would take. The difference between UT Medical Branch hospital and Parkland Hospital is particularly instructive. Moreover, even if a cease-and-desist letter or some other legal action comes down on Parkland, by the time the dust settles they probably will have gotten some number of previously unvaxxed employees to get their shots, and that’s all that matters.

So, my advice to El Paso ISD and austin ISD, which may be considering its own mask mandate, is to just do it. Mask mandates are something that a lot of parents want, especially parents of medically fragile children or who have immunocompromised family members at home, and especially given the limited remote learning opportunities that exist now. The thousand-dollar fine, which doesn’t appear to have a clear mechanism for enforcement, isn’t very much even if it’s a thousand dollars a day, and that may be challenged in court on the grounds that it is discriminatory against students with health issues. But really, it’s the right thing to do, and maybe – just maybe – Abbott has gotten out a bit over his skis here. For sure, asking is going to get you nowhere. Take action and take it now, if all else fails it should be something that can be taken back. Do what you must to protect the kids.

UPDATE: Someone agrees with me:

HISD to consider mask mandate

This would be a big deal, for all the obvious reasons.

Houston ISD Superintendent Millard House II said Thursday he plans to bring a mask mandate for ratification to the district’s board meeting next week, setting the stage for the state’s largest district to potentially buck a gubernatorial executive order banning such mandates.

Under the proposed mandate, all district students and employees would be expected to wear masks in facilities and buses, House said during Thursday evening’s board meeting.

If approved, the mandate would be among the first of its kind issued by a public school district in the Houston area, and apparently the state, since Gov. Greg Abbott issued an executive order prohibiting such directives.

[…]

It was not clear Thursday night if other districts plan to follow House’s initiative.

“We know that we are going to get pushback for this,” House said. “We are not going to be able to please everybody. But what we have to understand is: If we have an opportunity to save one life, it is what we should be doing.”

In revealing the proposal, House noted Harris County Judge Lina Hidalgo on Thursday returned the county to the highest COVID-19 threat level and cited an increasing two-week positivity rate in the county and skyrocketing hospitalizations.

“As superintendent of schools of the largest school system in the state of Texas, that concerns me,” House said. “It concerns me greatly.”

If approved, the mandate will bring the district closer to recommendations from the Centers for Disease Control and Prevention, which in updated guidance suggested all individuals in schools not fully vaccinated against COVID-19 wear a mask indoors.

Children younger than 12 remain unable to get vaccinated.

Abbott’s order prohibited governmental entities from requiring masks. Any local governments or officials who tried to impose such an order could be subjected to a fine of up to $1,000, according to Abbott’s office.

It was not clear how the fine would be given to school districts that challenged the order or whether any entities that announced mandates this week had been fined already.

Here’s the statement from Superintendent House. As noted, Harris County is back at the highest threat level, and Mayor Turner has ordered city workers to wear masks, also presumably in violation of Abbott’s order, so far without any repercussions. It’s hard for me to imagine that Abbott would let this go by, but all we can do is process the events that occur.

Also as noted, other Houston-area school districts were not planning to defy Abbott, though I’m sure they’re watching to see what happens here. What’s puzzling and infuriating is that the updated TEA guidance to school districts says that schools now don’t have to inform parents of positive COVID cases (though they do have to report that information to state and local health departments, and they also don’t have to contact trace, but if they choose to do so, parents can still choose to send their kid to school if they are a “close contact” of a positive COVID case. It’s almost maximally designed to be risky. There is some limited allowance for remote learning, and I don’t know how that may play out. We’re approaching September as if it were still May.

Superintendent House’s proposed action here – it would still need to be approved by the HISD Board of Trustees, who may decide that’s a step too far – is bold but carries a lot of risk. We don’t know what kind of blowback House and HISD could face from Abbott, who clearly values his primary campaign and pandering to the most extreme members of his party more than anything else. When he finally lashes out – again, I cannot imagine him letting this slide – it’s going to be ugly. But against that, Superintendent House has the best of reasons for his action – putting the safety of the kids and the teachers and the staffers first. I’m on his side and I’m impressed by his willingness to take a stand. We’ll just see how far it can go.

July 2021 campaign finance reports: HISD

PREVIOUSLY: Congress, Harris County, Houston

Elizabeth Santos – Dist I
Kathy Bluefod-Daniels – Dist II
Dani Hernandez – Dist III
Patricia Allen – Dist IV
Sue Deigaard – Dist V
Holly Flynn Vilaseca – Dist VI
Anne Sung – Dist VII
Judith Cruz – Dist VIII
Myrna Guidry (CTA) – Dist IX

Bridget Wade – Dist VII
Gerry Monroe – Dist IX


Dist  Candidate     Raised      Spent     Loan     On Hand
==========================================================
I     Santos             0        200        0       2,885
V     Deigaard      31,635        717        0      34,785
VI    Vilaseca      16,150      2,838        0      13,914
VII   Sung          13,307      2,761        0      15,419
VII   Wade         141,236     19,378    7,000     123,517
IX    Guidry
IX    Monroe         5,778      1,267        0

II    B-Daniels          0          9    2,000         191
III   Hernandez          0          0        0       2,192
IV    Allen              0          0        0           0
VIII  Cruz               0          0        0       1,175

I have sorted the table to put the trustees who are on the ballot this year on the top. Myrna Guidry was appointed to replace Wanda Adams after Adams was elected JP last November, though as noted she has filed her designation of treasurer report, so presumably she will have started raising money by now. Her opponent, Gerry Monroe, had run for this position in 2017 as well, though he raised little money. His report did not include a cash on hand total.

That cannot be said for Bridget Wade, whose total for District VII is what I would call eye-popping. She has a long list of donors, some big money – three members of the Butler family, two of whom list their occupation as “Builder” and their employer as “Butler Brothers”, combined to donate $12,500 – and some small. I don’t see any obvious red flags on her website, but I do see a couple of familiar Republican names among her donors – former CD07 candidate from the old days Peter Wareing is among them – so draw your own conclusions. Districts V, VI, and VII all used to be held by Republicans, so such a challenge is hardly a surprise. Incumbent Anne Sung has her work cut out for her.

There are two other declared opponents out there, though so far all they have done is file the designation of treasurer report:

Janette Lindner – Dist I
Kendall Baker – Dist VI

I don’t know Janette Lindner, who is running against my Trustee Elizabeth Santos, but if you’ve read this site before you’ll recognize the name Kendall Baker. He’s more of a troll than anything else, but these off-off-year elections can be weird, and this used to be a Republican district. Don’t take anything for granted.

As for Lindner, her name pops up in this story from 2019, likely taken straight from a press release:

Latinos for Education announced ten leaders were selected to join its Latino Board Fellowship in Houston, an innovative initiative that helps diversify the city’s educational leadership.

Created by Latinos for Education, the Latino Board Fellowship identifies, trains and places exceptional Latino leaders from across sectors onto governing boards of education nonprofit organizations across the region.

Lindner is one of those ten leaders. She is of course running against a Latina incumbent, so make of that what you will. Here’s her bio from her company website and her LinkedIn page; I did not see a campaign website at this time.

Of the remaining incumbents who have to run for re-election, three have been busy fundraising, with Sue Deigaard leading the way. She is the one among those in former Republican districts who does not as of yet have an opponent. Indeed, if you look at her finance report, you’ll see that the previous Trustee in District V, Mike Lunceford, is her campaign treasurer. Not a guarantee of anything, but a nice show of support.

So there you have it. Two potentially interesting races shaping up, and two others that are there. I would expect Trustees Santos and Guidry to start raising money soon, and we’ll see how they’re doing in early October when the 30 day reports are out. If you know anything else about these candidates or others that may be lurking out there, leave a comment. I was going to include the HCC trustees in this post as well, but their reports were not as readily available. I’ll check back on them later.

Will Delta change HISD’s plans?

Remains to be seen.

Houston Independent School District Superintendent Millard House II released a video Saturday confirming that the district’s “communicable disease team” is still fully operational as the district works to update its COVID-19 plan for the start of the new school year.

“As you all know, we’ve seen a rise in the wrong direction most recently and its important for our community to understand we take very seriously the health and safety of our students, staff and community members to ensure that we have a strong and healthy start to our school year,” said House, who began work July 1.

“Contrary to what some reports have indicated, we have not disbanded our communicable disease team. We are continuing to work closely with those individuals that understand [the virus] and make certain that the safety of our community is A-1,” House said.

[…]

The video release comes weeks after House stated that classes would be held entirely in-person this fall, but that pledge came as the delta variant of COVID-19 was just starting to gain a foothold in the area.

In May, the district said it would comply with Gov. Greg Abbott’s executive order that banned public schools from requiring masks inside buildings after June 4.

Houston ISD spokeswoman Tejal Patel said an updated communicable disease plan “will be released in the coming weeks,” but did not say whether it would include a mask mandate or remote-learning options.

I guess a better question to ask is whether Greg Abbott will change his current stance and allow school districts some leeway if there are multiple outbreaks. He’s not going to follow national guidelines because it’s the individual responsibility of children who are not yet eligible for a vaccine to not get COVID, so I wouldn’t hold out much hope. I hope HISD and Superintendent House do everything in their power to protect students and teachers and staff, and loudly advocate for the things that are not in their power.

How HISD intends to spend its COVID relief money

Seems reasonable.

Houston ISD expects to spend $1.2 billion of federal relief shoring up academic losses from the pandemic under a wide-ranging plan that would target accelerated instruction to kids that have fallen behind, bolster tutoring and after-school services, seek to retain and recruit teachers with $2,500 stipends, provide laptops to more middle school students and boost technology in the classroom.

Superintendent Millard House II sent an email addressed to “Team HISD” Thursday evening with a 54-slide presentation attached about how the district would use the money, according to a copy obtained by The Chronicle on Friday.

The money comes from $122 billion for Elementary and Secondary School Education Relief funds included in the American Rescue and Relief Plan Act, passed by Congress in March.

HISD has been awarded $804 million from that. It is the second round of education relief funding. The district was allocated $358 million from that earlier round this month.

According to the plan distributed by House, about a quarter of the overall funding will go toward reversing learning losses in reading, math, science and social studies. About $76 million would be spent on before- and after-school programs, $50 million would go to special education, $53 million for college and military readiness, and $60 million would be directed at social and emotional learning, including the hiring of up to 150 additional counselors and social workers.

It is not clear if the plan is final. A timeline included in the presentation lists two dates to submit applications to TEA and July 28 as the date to share the plan with “community.”

These priorities seem right to me. The first order of business is to get students back to previous levels, and that’s going to take a lot of resources. You can see an embed of the plan in the story, and there will be at least one virtual meeting to discuss it. This is a big challenge for the new Superintendent right off the bat, and I wish him and the Board and everyone else all the best with it. We need them to use this funding to its best advantage.

Superintendent House has arrived

He’s got a lot of work in front of him.

When Millard House II officially [started] as the new superintendent of Houston ISD on Thursday, he [had] a stack of challenges awaiting his attention.

Some students fell further behind during the coronavirus pandemic while others were “lost” amid its grip. The district expects to receive hundreds of millions of dollars in federal COVID-19 stimulus funding with no public plan for the funds in place yet. While teachers are set to receive a raise, their compensation has lagged neighboring districts, and trustees voted three weeks ago to mandate House propose a potentially larger teacher pay raise in August, when the district’s financial outlook may be clearer.

As House assumes his new role, members of the HISD community said they hope he can tackle a variety of priorities, from funding to inequities, and expressed excitement to work with him.

“The first job as a new superintendent is to learn the community, learn our schools, learn our neighborhoods,” said HISD Trustee Anne Sung, who bumped into House this week while visiting schools. “He’s already doing that so I think he’s off to a great start.”

House, 49, who was not made available for an interview this week, arrives from Tennessee, where he led the seventh-largest district in the state, the Clarksville-Montgomery County School System.

[…]

Among the biggest challenges for House and the district will be helping students who fell behind during the pandemic.

Standardized test score data released this week revealed one of the clearest looks yet at the pandemic’s impact. Roughly two-thirds of HISD eighth-graders did not meet math proficiency, compared with 28 percent in 2019.

Additionally, some students stopped attending class altogether, prompting recovery efforts, such as a recent four-day phone bank aimed at convincing some to return.

“We have a tremendous deficit,” said Houston Federation of Teachers President Jackie Anderson, who leads the district’s largest employees union. “We are very concerned about that. I want him to know that it is not an ‘us against them’ — it is ‘we.’ And we all need to be working together, and I think that if that happens … we can be successful.”

Add the STAAR scores to the pile. Superintendent House and the Board and all the stakeholders will have plenty to do to get things going, with federal COVID relief funds available to help out. Here’s his introductory message:

Welcome to Houston. Now please make yourself available for interviews. Thank you, and god luck.

The pandemic was hard on math

Math scores on the end-of-course algebra exams, in particular.

Texas’ first trove of 2021 state standardized test scores offers early confirmation of what many educators feared: students fell dramatically behind in math during the coronavirus pandemic.

Results from spring algebra tests given to Texas high school students show a major decline in performance compared to 2019, particularly among Black, Hispanic and lower-income students.

By contrast, performance on high school English tests slightly dipped this year, mirroring nationwide studies suggesting that students’ reading skills continued to develop — albeit slower — throughout the pandemic.

Taken together, the scores offer one of the state’s earliest looks at the academic fallout from the pandemic, which upended education across Texas and pushed millions of children into online-only classes for varying lengths of time.

The results further validate concerns that students’ math development, in particular, has taken the biggest hit among core subjects. While children continue to gain literacy and language skills through everyday interactions, students are less likely to acquire math skills without regular classroom instruction.

“Just think of anything you do regularly — sports, cooking, playing the piano. When you don’t do that thing, you get rusty,” Sarah Powell, an associate professor for the University of Texas at Austin’s College of Education, wrote in an email. “The same holds true with math.”

[…]

Scores on the two reading tests, English I and English II, held more steady. Passage rates on the English I exam slipped slightly, from 74 percent to 71 percent, as did rates of scoring on grade level (from 60 percent to 55 percent). Scores on English II, which fewer high schoolers take, essentially were unchanged.

Student demographic groups that historically have performed worse on the exams saw their scores drop the most. The share of Texas students scoring on grade level in Algebra I fell dramatically among Black students, from 53 percent to 28 percent, Hispanic students, from 64 percent to 34 percent, and students considered “economically disadvantaged” by the state from 59 percent to 31 percent.

The demographic trends showed up in Houston. Five of the region’s largest districts serving predominantly non-white and lower-income students — Alief, Aldine, Fort Bend, Houston and Pasadena ISDs — saw drops ranging from 25 percentage points to 33 percentage points in their share of students on grade level in Algebra I. More affluent districts saw declines of 15 percentage points or less, including Conroe, Katy and Humble ISDs.

We will get the STAAR results, which students still had to take, later this month. I hope we learned something from this experience that will help going forward, because the students sure paid for it. I also hope the federal COVID relief funds will be well used to get tutoring and remedial help to all the students who need it.

HISD asks for virtual learning funds do-over

I can understand this.

Thirty school districts, including Houston ISD, and two associations signed a letter to urge Gov. Greg Abbott to add legislation funding virtual learning to any special session for other proposed laws.

A bill that would have ensured districts receive funding for each student enrolled in online-only classes died after Democrats broke quorum to kill a controversial voting bill. The bill was expected to be called at 11:40 p.m. on May 30.

The signatories of the letter sent Wednesday — which also include Aldine, Conroe, Goose Creek Consolidated, Klein and Spring ISDs — noted that many districts scrapped plans to offer virtual learning this upcoming school year after the bill did not get a vote.

[…]

“We respectfully request that you add virtual learning to the list of items for the legislature to act on during any special session you call prior to the 88th Legislative Session,” the letter reads. “Over the past year, many students have discovered that virtual learning provides them with an opportunity to learn and grow in their own unique way.”

There is no new statutory framework authorizing remote instruction without the legislation, according to Texas Education Agency. The agency used disaster authority for the 2020-21 school year to OK funding for remote instruction, but that authority cannot be used for the new school year.

Under the proposal, districts and charters with a state-issued academic accountability rating of C or higher for the previous year would have been allowed to operate a local remote learning program. Districts that decided to offer such programs would have had wide discretion over which students could enroll.

The bill was HB1468, with Democratic and Republican authors and sponsors. It makes sense to me, because some kids benefited from remote learning, and some kids who are not able to get the vaccine either due to not being 12 yet or because of underlying health issues still need to stay home. Several teachers unions opposed the bill, presumably because teaching in dual mode is a lot more work without any bump in pay. It would be a simple matter for this bill to pass if added to a special session, since it was well on its way originally, but as we know that is entirely up to Greg Abbott, and who knows what he’ll do.

Millard House officially approved as HISD Superintendent

Welcome aboard.

Millard House II will become Houston ISD’s new superintendent on July 1, following the district’s school board unanimously vote Monday to make his selection official.

The pro forma vote follows the naming of House as HISD’s lone superintendent finalist on May 21. Texas law mandates that school boards name a lone finalist, then wait at least 21 days before formally approving their selection.

Trustees approved a contract for House on Monday, but would not immediately release terms of the agreement. House’s predecessors, former superintendent Richard Carranza and current Interim Superintendent Grenita Lathan, both earned a base salary of $345,000.

[…]

House has made brief comments twice in the past several weeks about his selection as HISD superintendent, largely focusing on his commitment to working in collaboration with board members and the Houston community. He has not granted interview requests made by the Houston Chronicle.

See here and here for the background, and here for the HISD statement. He seems like a good hire, he seems to know what he’s getting into, and as yet there’s no direct threat to his term from the TEA, though that could change at any time with the Supreme Court. For now, I hope that he will schedule an interview with the Chronicle as soon as possible, so that we can all get a better picture of who our new Superintendent is and what he plans to do with the job. The Press has more.