The Orange County Board of Education has voted 4-0, in closed session, to file a lawsuit against Governor Gavin Newsom and California’s Public Health Officer.
The OC Board of Education is seeking a court order to overrule the Governor’s decision which banned public schools from holding in-person classes on campus in the Fall of 2020.
The attorneys, Tyler & Bursch, LLP, of Murrieta have agreed to represent the board pro bono `to protect the vulnerable children in California.’
The law firms says the California Supreme Court has interpreted the California Constitution to require that California school children have a constitutional right to substantially equal opportunities for learning, and the governor’s order will unequally burden the most underprivileged families of California.
The lawsuit will also be supported by the nonprofit legal organization, Advocates for Faith & Freedom.
Jennifer Bursch of Tyler and Bursch LLP says “California children have a constitutional right to both an education and equal protection under the law. The governor denied them these rights and did so without adequately considering the disparate impact these restrictions would have on the disadvantaged.”
“We brought this lawsuit to protect the single mom and her children, children whose parents do not read or write English, and children with special needs. The governor’s ban on in-person learning will cause Tens of thousands of kids to fall through the cracks and, in many cases, will be harmed for life.”
Earlier in the month of July 2020, The Orange County Board of Education approved a non-binding recommendation for reopening schools that would not require physical distancing or wearing masks.
One of Orange County’s largest districts, Santa Ana Unified, almost immediately rejected that advice, as did other school officials.
“The board majority’s recommendations are not binding and La Habra City School District will not open our schools under these conditions, the health and safety of our staff and students will guide the decisions we make for reopening our schools, “said that district’s School Superintendent, Joanne Culverhouse.
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