Texas Supreme Court temporarily allows mask mandates in schools, including San Marcos CISD

San Marcos Consolidated ISD’s mask mandate can temporarily remain in place after the Texas Supreme Court declined to block restraining orders against Gov. Greg Abbott’s mask mandate ban on Thursday. 

The state’s supreme court remanded Attorney General Ken Paxton’s appeal to the 3rd Texas Court of Appeal in Austin for a hearing. 

The SMCISD Board of Trustees approved a mask mandate for students and employees during a special-called meeting on Aug. 12. 

SMCISD, alongside Hays County Judge Ruben Becerra and a multitude of school districts, cities and counties across Texas, have issued various mask mandates challenging Abbott’s prohibition on face covering requirements. Abbott’s GA-38 states that no governmental entity, including county, city, school district and public health authority may require any person to wear a face covering or mandate that other persons wear face coverings.

The push for mask mandates comes as students return to in-person learning amid a surge of COVID-19 cases spurred by the Delta variant.Active coronavirus cases have increased more than 11 fold in Hays County since the beginning of July. There are currently 2,243 active COVID-19 cases in the county, and 751 in San Marcos, according to the Hays County Local Health Department. 

The Texas Department of State Health Services stated Thursday that there are an estimated 234,077 active COVID-19 cases in Texas, and 12,705 Texans currently hospitalized by the coronavirus.

The Texas Supreme Court’s decision came as the Texas Education Agency issued new guidance Thursday, stating “mask provisions of GA-38 are not being enforced as the result of ongoing litigation.Further guidance will be made available after the court issues are resolved.”

SMCISD’s mask mandate is currently in place and is set to remain in effect until reconsidered in January 2022. SMCISD’s 2021-22 school year begins on Monday.