The Ninth Circuit Court of Appeals ruled against California Gov. Gavin Newsom (D) on his COVID-justified mandate that private schools would be barred from having in-person teaching according to Fox News.
The California-based court made their ruling on Friday, saying that the coronavirus mandates that kept the students from in-person learning in the upcoming school year were not admissible under the law.
This decision was as a result of a suit brought in July 2020 by the Center for American Liberty where some 20 plaintiffs choose to take on Newsom’s order which banned in-person learning in 32 counties and affected the vast majority of California children.
In the suit, the plaintiffs made the case that Newsom was overstepping his executive authority by saying that private schools and the parents of the children who attend those schools, shouldn’t have control over their children’s education.
The court eventually agreed with the plaintiffs, ruling in their favor:
“California’s forced closure of their private schools implicates a right that has long been considered fundamental under the applicable caselaw — the right of parents to control their children’s education and to choose their children’s educational forum,” Judge Daniel Collins said Friday.
This ruling came after the same court ruled against 14 parents and one student who challenged a previous district court ruling on parental rights regarding private versus public education.
“We hold that the district court properly rejected the substantive due process claims of those Plaintiffs who challenge California’s decision to temporarily provide public education in an almost exclusively online format,” Collins said.
Rulings like this provide a “light” at the end of the COVID-19 pandemic-induced tunnel of the educational world being turned upside down. While some parents feel the full weight of precautions should be followed, many feel the risk of a lessened education outweighs the small percentage of children who have ever displayed symptoms of the coronavirus.