California parents challenge school closure order

A group of California parents have filed a lawsuit challenging Gov. Gavin Newsom's order barring schools from opening for in-person instruction until their counties get off the state watch list for COVID-19.

A federal judge is set to hear arguments Monday in the complaint filed against Gov. Newsom and other top administration officials.

The plaintiffs argue that barring in-person classes this fall will hurt students, despite the ongoing pandemic. They charge state officials are putting politics ahead of the well-being of children and violating their constitutional rights to a meaningful education.

Jesse Petrilla, one of the plaintiffs, said he's worried about how distance learning will impact his 6-year-old son, who is starting first grade in Orange County this fall.

Petrilla said online instruction has had a negative impact on his son's discipline, behavior and enthusiasm for learning - and made it difficult for him and his wife to work.

"I just pray that he is given the opportunity to get the education that he deserves," Petrilla said. "Otherwise, my wife and I were really afraid of the long-term setbacks that this may have on him for life."

Last month, Newsom laid out strict criteria for school reopenings that makes it unlikely the vast majority of districts will have classroom instruction in the fall as the coronavirus pandemic surges.

Newsom's new guidance mandates that public schools in California counties that are on a monitoring list for rising coronavirus infections cannot hold in-person classes and will have to meet strict criteria for reopening.

"Safety is foundational, and safety will ultimately make the determination of how we go about educating our kids as we move into the fall," Newsom said.

The guidance says all school staff and all students in grades 3 to 12 will be required to wear face coverings. Younger students will be encouraged but not required to wear masks.

The governor's strict new regulations marked a dramatic shift from his earlier position that it was up to local school districts and boards to decide when and how to reopen. His announcement came just weeks before many of the state's 1,000 school districts return to classes in mid-August.

Many of the state's largest school districts will be starting the fall term online, including the Oakland Unified School District, which began distance learning on Aug. 10.

"We filed suit because we began at the Center for American Liberty being deluged with panicked parents deeply concerned about the negative health and learning impacts on their children," said Harmeet Dhillon, founder of the Center for American Liberty, which filed the lawsuit on behalf of the families. "What's at stake here is literally the future of a generation of California students."

Newsom said Wednesday that California, with nearly 600,000 confirmed COVID-19 cases, is making progress in the rate of virus transmission and hospitalizations because people are largely adhering to rules requiring people to wear masks and keep their distance. Still, officials reported another 160 deaths Thursday.

For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia and death.