The Orange County Board of Education has voted to sue Gov. Gavin Newsom and the state's public health officer, Sonia Y. Angell over reopening in-person learning in public schools.
The board voted 4-0 during a closed session Tuesday night, July 28, to file the lawsuit, according to reporting by the OC Register.
"We have made the decision to put the needs of our students first by filing this lawsuit," the board's majority said in a statement.
On July 17, Newsom ordered that schools in counties on the state's watch list for spikes in the coronavirus cases will not reopen with in-person classes in 2020 fall academic year.
"We believe that the July 17 order violates the constitutional rights of our students," a statement from the board read.
Orange County trustees highlighted particularly the needs of children of single, working or immigrant parents.
"Further, the state has failed to address how high-risk students and those without adequate parental support will navigate the coming weeks and months through distance learning," the statement says.
Board of Education members said the law firm Tyler & Bursch, of Riverside County, have agreed to represent the board for free.
The lawsuit will also be supported by the nonprofit legal organization, Advocates for Faith & Freedom.
"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," said attorney Jennifer Bursch of Tyler & Bursch, LLP. "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."
CNS contributed to this story.
