Notice of legal intent sent by lawyer on behalf of DSISD parents

Dripping Springs ISD has received a notice of legal intent from a group of parents represented by Siri and Glimstad. The letter is addressed to Interim Superintendent Bruce Springston. It begins:

"On behalf of over 64 individuals from the Dripping Springs Independent School District (the “District”), we write regarding the District’s illegal face mask protocol which requires a mask be worn while on or in school district property or buildings (the “Protocol”). Unless the District forthwith rescinds the Protocol, we will be commencing legal action against the district and various representatives of the district in their individual capacities." 

The letter goes on to cite Governor Greg Abbott's March 2 executive order as reason for the district's masking policy being unlawful. "On or about March 2, 2021, Governor Gregg Abbott issued Executive Order (GA-34) lifting the mask mandate in Texas and increasing capacity of all businesses and facilities in the state to one hundred percent. The goal was to “restore livelihoods and normalcy for Texans by opening Texas 100 percent” and to “ensure that all businesses and families in Texas have the freedom to determine their own destiny.” To that end, by executive order, the Governor stated that, “Individuals are strongly encouraged to wear a face covering over the nose and mouth wherever it is not feasible to maintain six feet of social distancing from another person not in the same household, but no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering.” The Protocol is therefore a violation of state law."

You can read the full letter via the images above.

The District responded via an emailed statement (April 29) from Executive Director of Communications Dale Whitaker: "DSISD’s mask protocols comply with the law and have been successful in re-opening school this year by keeping students, families and staff healthy and reducing the transmission of COVID-19. DSISD remains steadfastly focused on protecting students and families and staff from illness and preventing further disruptions to peoples’ lives by minimizing the spread of COVID-19 that may lead to the closure of schools and cancelation of important end-of-the year school programs and activities. There is no ambiguity in DSISD’s authority to establish and enforce its mask protocols to protect and best serve its community. Governor Abbott unequivocally stated in Executive Order GA-34 that, “public schools may operate as provided by, and under the minimum standard health protocols found in, guidance issued by the Texas Education Agency.” The Texas Education Agency, the governing agency over public school districts, has issued guidance that states:  “Every student, teacher, or staff member shall wear a mask over the nose and mouth when inside a school building, school facility, facility used for school activities, or when in an outdoor space on school property or used for school activities wherever it is not feasible to maintain six feet of social distancing from another person not in the same household...”  Five exceptions to this rule exist, which form part of the DSISD’s mask protocols. The district is in receipt of a law firm’s legal demand on behalf of anonymous individuals. In response, claims that the mask protocols are unlawful are groundless and not based on a correct interpretation of the law."