Schools scared to death.

The truth is, one education under desks,

Stooped low from bullets;

That plunge when we ask

Where our children

Shall live

& how

& if

State Rep. , R-Frisco, sent a letter on Wednesday to school districts asking school officials to sign the pledge. In his letter, Patterson said children across Texas have been exposed to material such as 鈥淕ender Queer: A Memoir,鈥� a graphic novel that has both nationwide and in Texas among some parents and Republican officials.

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The book, by Maia Kobabe, depicts the author鈥檚 experiences growing up and struggling to identify as gay, bisexual or asexual. It contains a few pages of explicit illustrations depicting oral sex, which have outraged some parents and state leaders.

The nonbinary author, who uses e/em/eir pronouns, told The Texas Tribune last year that students need 鈥済ood, accurate, safe information about these topics鈥� instead of 鈥渨ildly having to search online鈥� and potentially stumble across misinformation.

But some Republicans, including Gov. , have called the book 鈥減ornographic.鈥� Patterson repeated that depiction in his letter.

鈥淏oth local districts and the Legislature will be working diligently on policies to prevent such books from being allowed on campus in the future,鈥� Patterson wrote. 鈥淗owever, we also acknowledge school districts have a lot [of] power in the market when purchasing books and that if we stand together against explicit materials for children, book vendors will be forced to adjust.鈥�

The letter was signed by an additional 26 Republican lawmakers, including state Rep. R-Fort Worth, who initially compiled a list of some that he asking for information about how many are available on their campuses.

鈥淩espectfully, I ask you to take this pledge on behalf of every Texas child in public schools who doesn’t deserve to be exposed to obscene materials,鈥� Patterson said.

Abbott cited 鈥淕ender Queer鈥� when directing the Texas Education Agency to related to “the availability of pornography鈥� in November and also cited the book when directing the TEA, Texas State Library and Archives Commission and State Board of Education to develop standards to block books with “overtly sexual鈥� content in schools.

Shannon Holmes, executive director of the Association of Texas Professional Educators, said in a statement that pornography has a legal definition and not everything a person finds distasteful meets that definition.

“ATPE urges school districts to recognize the power of the elected school board to work with parents and educators to find the right balance for their local communities and avoid getting caught up in these types of politically motivated pledges,鈥� Holmes said in a statement.

Brian Lopez is an education reporter at , the only member-supported, digital-first, nonpartisan media organization that informs Texans about public policy, politics, government and statewide issues. This article  at TexasTribune.org.

The delta variant is driving Texas鈥� case surge, and doctors are seeing more infections in children and more children being hospitalized.

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Here鈥檚 what El Paso parents should know about how to protect their school-aged children from being infected with the virus:

Q: What should parents know about the delta variant?

The delta variant is twice as contagious for children and adults as previous COVID-19 strains, said Dr. Stanley Spinner, chief medical officer and vice president of Texas Children鈥檚 Pediatrics and Texas Children鈥檚 Urgent Care.

鈥淏ecause of the contagiousness of the delta variant, even people that are vaccinated can get infected 鈥� they will either be asymptomatic or minimally symptomatic. But they can still spread the virus to those that aren鈥檛 protected, mainly our kids under 12,鈥� Spinner said.

Q: Should children wear a face covering at school?

Texas doctors emphatically say yes. And that includes teachers and school staff.

The Centers for Disease Control and Prevention also recommends that students, teachers and school staff wear face masks, even if they are vaccinated.

Q: What can teachers do if children remove their mask during the school day?

Teachers cannot ask students to wear a mask because Gov. Greg Abbott forbade schools from requiring them, stressing the need for 鈥減ersonal responsibility rather than government mandates.鈥�

El Paso districts have disposable masks on hand and can offer them to students who request them.

Q: Beyond masking, what else can students do to stay safe while at school?

Good hand hygiene can help protect students from becoming infected. Students should wash their hands before lunch, after using the restroom and before and after touching their face, said Jose Luis Salas, infection control director at El Paso Children鈥檚 Hospital.

Sharing food and drinks with their peers should also be avoided to minimize exposure and cross contamination, Salas said. And when possible, students should put a few feet of distance between themselves and their classmates.

Students should stay home from school if they have potential COVID-19 symptoms, such as a runny nose, sore throat or fever. They should get tested and not return to school until they receive a negative test result.

Q: Can parents find out whether teachers are vaccinated?

No. Districts are not collecting this information as the COVID-19 vaccine is voluntary and is not a requirement for public school enrollment or employment.

Q: How often should school-aged children be tested for COVID-19?

Students don鈥檛 need to be regularly tested for the virus, Spinner said. They should, however, get tested if they believe they were exposed to the virus. They must quarantine at home, away from others, until they receive a negative test result.

Q: What should parents of unvaccinated children do to keep their children safe?

Parents should wear a mask in indoor public spaces and keep their distance from others, regardless of whether they are vaccinated. That鈥檚 especially important now that the CDC considers El Paso County of community spread. Parents who have not yet been vaccinated should do so as soon as possible.

鈥淯ltimately, defeating COVID is a team sport that鈥檚 going to require the highest number of people possible to adhere to masks, (and) in time the highest number of people to get vaccinated,鈥� said Dr. Glenn Fennelly, chair of the department of pediatrics at Texas Tech University Health Sciences Center El Paso.

Mask wearing and vaccination prevent new variants from emerging that could be more contagious, more deadly and less responsive to the vaccine.

Q: Are Texas doctors seeing hesitancy among vaccinated parents to take their children to get the vaccine?

Less than a quarter of 12- to 15-year-olds in El Paso have been vaccinated against COVID-19, which Fennelly says is 鈥渃oncerning.鈥� It鈥檚 not unusual for parents to be more cautious with their children, though the vaccine is just as safe for children as it is for adults, he said. Parents should speak to their pediatrician or family doctor about any concerns they may have.

鈥淭he most important thing they (parents) can do for their child鈥檚 safety is to vaccinate them to protect them鈥� from the virus, Spinner said. When they don鈥檛, they put their child at risk of serious infection and even death.

Q: What are the common COVID-19 vaccine side effects in adolescents?

The common vaccine side effects in adolescents are no different than the ones adults experience. These include soreness at the injection site, muscle aches, fatigue and fever, all of which typically last one to two days.

The risk of adolescents experiencing myocarditis and pericarditis 鈥� inflammation of the heart 鈥� are .

Q: What is the status of the COVID-19 vaccine for children under 12?

The Food and Drug Administration likely won鈥檛 issue an emergency use authorization for the Pfizer and Moderna vaccines to be used in children ages 5 to 11 until late fall at the earliest.

This article originally appeared .

Every year, students researched current issues, proposed and debated their own public policy, and competed in a mock legislature and elections process for statewide offices. Since the program鈥檚 arrival to McKinney in 2005 as a club, seven of the district鈥檚 middle school students have been elected governor 鈥� the program鈥檚 top honor 鈥� at the statewide conference in Austin. In 2017, the district added an elective option: Seventh and eighth graders in two of the district鈥檚 middle schools could now receive course credit for participating in the program.

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But in June, the district canceled the elective option in response to passed during this year鈥檚 regular legislative session. In an email to middle school administrators obtained by The Texas Tribune, a social studies curriculum coordinator wrote that 鈥渋n light of鈥� the new law鈥檚 ban on political activism and policy advocacy, 鈥渨e will no longer be allowed [to] offer Youth & Government as an elective course for credit.鈥� As the law puts restrictions on courses, not on extracurricular activities, the original club remains available.

The cancellation is an early application of , which goes into effect Sept. 1. The law is part of a nationwide movement to ban any teachings conservatives believe sow racial divisions and make white children believe they are racist. Republicans label these teachings The new law also restricts classroom discussions on current events and bans teaching that anyone should feel discomfort or guilt about their race.

Texas teachers and academic experts say that the term critical race theory 鈥� the name of an academic framework used to examine structural causes of racial inequity 鈥� is being used politically as a catchall phrase for any teachings that challenge or complicate dominant narratives about the role of race in the country鈥檚 history and identity. And they have warned that the new law would cause schools and teachers to unnecessarily curb discussions about civics and avoid race-related subjects out of fear of violating the law 鈥� or being accused of violating the law, even if they are discussing topics not explicitly banned.

The cancellation appears to be a misapplication. The new law only applies to required social studies classes, not electives like the McKinney class.

Regardless of the technicality, state Rep. , R-The Woodlands, the bill鈥檚 author, said that the Youth and Government elective 鈥渄oesn鈥檛 have anything to do with lobbying members, so there is no reason [McKinney] would have to cancel it.鈥�

However, the law does not define 鈥減olitical activism鈥� or 鈥渁ctivity involving social or public policy advocacy.鈥�

Steven Poole, the executive director of the United Educators Association, said that the cancellation illustrates the dangers of the bill鈥檚 vagueness. 鈥淚t points to how up in the air the legislation鈥檚 writing is, and how much people can read into it,鈥� he said.

鈥淭here are a lot of answers that the state Legislature, the State Board of Education, and the TEA need to provide districts and teachers,鈥� he said.

In response to inquiries from the Tribune, the district said it would 鈥渄ecline to participate in this article鈥� and sent a reminder to teachers that they must refer reporters to administrators.

Judith Anderson-Bruess, the McKinney teacher who began the Youth and Government club, led it until her retirement two months ago and taught the elective, disagreed with the district鈥檚 judgment that the program constituted political activism or policy advocacy.

鈥淚t was just a simulation,鈥� she said. 鈥淸Students] wrote bills, they learned parliamentary procedures.鈥�

Anderson-Bruess, who sits on the board for the statewide YMCA Texas Youth and Government organization, said that McKinney had 鈥渙ne of the strongest programs鈥� because of the elective.

She said the elective gave students more time than the club to research and write substantive bills. She also said the elective made it easier to participate for low-income students and students of color, who had less means to commute to and from school outside of school hours.

鈥淭hey were being successful,鈥� she said. 鈥淎nd now it鈥檚 gone.鈥�

YMCA Texas Youth and Government鈥檚 state director, Angela Castilleja, wrote in a statement to the Tribune that the organization does not believe the new legislation has 鈥渁ny direct relation鈥� to the program.

The new law鈥檚 ban on activism appears nearly verbatim in a bill written by Stanley Kurtz, who against political action in the classroom and for the of a Florida bill that would have given some high school students college credit for Youth and Government. Toth said he 鈥渃onferred鈥� with Kurtz in crafting the law.

Texas鈥� law is the only one, as of July, to include a ban on political activism, among so-called critical race theory laws across the nation tracked by .

Gov. said the current law does not do enough to 鈥渁bolish critical race theory鈥� and legislators to strengthen the law in a special legislative session. Bills filed in the and passed in the for this session would enable broader classroom surveillance over teachings that have sparked outrage over so-called critical race theory indoctrination, such as instructional materials that mention systemic racism or white privilege. The bills also expand the current ban on activism to reach all classes and electives.

The Texas House is currently unable to function as Democrats have absconded from the chamber in order to block a GOP-led voting restrictions bill. However, Abbott has to call special session after special session until they come back and complete his agenda.

The future of the Youth and Government elective in McKinney is settled, meanwhile. The cancellation seemed to rest on the instruction of an outside attorney. The day the cancellation was announced, an assistant principal from Faubion Middle School emailed back, 鈥淭he premise of YAG is for students to mirror the governmental/legislative process much like mock trials in 8th grade. Students do not make contact with any legislative members.鈥� (Bold text included in original email.)

The curriculum coordinator asked a deputy superintendent for advice. One hour later, the deputy responded.

鈥淥ur attorney says we cannot offer,鈥� they wrote. 鈥淭he language is vague 鈥�.鈥�

The attorney did not respond to requests for comment. The attorney鈥檚 firm, Abernathy, Roeder, Boyd & Hullett P.C., said the McKinney school district 鈥渢ook the most cautious approach鈥� given the social studies law鈥檚 new boundaries and unresolved future.

Joy Baskin, the director of legal services for the Texas Association of School Boards, said that in interpreting the law, school attorneys generally seemed to feel that outside interest groups鈥� 鈥渃alls for vigilance鈥� would outweigh the exact letter of the law.

鈥淚f there鈥檚 a lot of parental engagement and complaints, it doesn鈥檛 matter too much what the technical language of the statute is,鈥� she said. 鈥淚t鈥檚 still an issue that school districts will have to respond to.鈥�

Sofie Jordan, an eighth grader at McKinney鈥檚 Dowell Middle School who was scheduled to be in the Youth and Government elective, said she has never seen a teacher require political activism from a student and that the cancellation hindered her education. She has been in the club for the last two years and plans to continue through high school.

鈥淭here are people of both beliefs in that program who will be deprived of the right to learn about their government,鈥� she said.

Jason Kao is a fellow , the only member-supported, digital-first, nonpartisan media organization that informs Texans about public policy, politics, government and statewide issues.

Disclosure: The Texas Association of School Boards has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune鈥檚 journalism. Find a complete .

The El Paso Independent School District鈥檚 Board of Trustees late Tuesday voted 6-1 to follow Dr. Hector Ocaranza鈥檚 health order announced Monday requiring people 2 years and older to wear face coverings in most indoor settings, including schools. Masks will be required in EPISD buses and schools beginning Thursday.

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The motion approved by the EPISD board also committed the district to joining a pending lawsuit by La Joya Independent School District and others in Travis County challenging Gov. Greg Abbott鈥檚 ban on local mask mandates. Trustee Daniel Call cast the only dissenting vote on the motion to require masks and sue the governor.

The El Paso City Council voted 5-3 Monday to file a lawsuit against Abbott to protect Ocaranza’s mask mandate. On Tuesday, County Court-at-Law No. 7 Judge Ruben Morales issued a temporary restraining order finding that Abbott’s executive order barring mask mandates exceeded his authority, the city said in a news release.

After local judges in Bexar and Dallas counties issued similar rulings, the Texas Supreme Court earlier this week .

Call said the litigation before the state鈥檚 high court factored into this decision.

鈥淭he likelihood of a mask mandate standing up to scrutiny with the Texas Supreme Court is very small, so if there is a mask mandate it probably will not last very long,鈥� he said. 鈥淭o me, judicial activism is not something that I think a school district should be involved with.鈥�

But Trustee Israel Irrobali said decisions about what鈥檚 best at the local level shouldn鈥檛 come from lawmakers hundreds of miles away.

鈥淎t the end of the day, local control should be supreme and I believe that we should have the power in this situation to make that decision,鈥� said Irrobali, who has said he . 鈥淚t shouldn鈥檛 be left up to individuals in Austin that don鈥檛 know how it is in El Paso and have not been down here in quite a while.鈥�

About a half hour later, the Socorro Independent School Board of Trustees voted unanimously to follow Ocaranza鈥檚 mask mandate unless it was struck down by a court. The order from Ocaranza, who briefed the Socorro board Tuesday night on current COVID-19 data, takes effect at 12:01 a.m. Wednesday.

Socorro trustees voted without comment after getting a closed-door briefing from their attorney, Steve Blanco, about current litigation and other legal issues regarding mask mandates.

The votes followed hours of public testimony before both school boards from a divided constituency whose members included parents who advocated for more protection for students amid an increase in the cases of the delta variant of COVID-19, and others who said masks were detrimental to the mental and physical wellbeing of their children.

The votes were another attack on Abbott鈥檚 statewide executive order issued late last month that stripped local governments and school boards from making decisions about their own jurisdictions. Several large districts, including Dallas Independent School District and the Austin Independent School District, have mandated masks and smaller districts in rural areas have followed .

This article originally appeared .

Often, a county line or a school district border can be the difference between whether mask-wearing is required or not.

A number of cities, counties and school districts in the past week have defied Gov. 鈥檚 executive order banning mask mandates and made mask-wearing mandatory in public schools in a bid to try to prevent the highly contagious delta variant from infecting schoolchildren too young to get vaccinated 鈥� and to keep hospitals from overflowing with COVID-19 patients.

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Dallas County had the most wide-ranging mask mandate in the state 鈥� covering public schools, colleges, businesses and many government buildings. In neighboring Tarrant County, the county doesn鈥檛 require mask-wearing anywhere.

Colleges in Travis County must require masks 鈥� but not two hours south in Bexar County. There, officials decided to keep the mandate just to K-12 鈥� a move intended to give state officials challenging the order in court fewer opportunities to strike it down.

鈥淲e restricted it because we didn鈥檛 want to overreach and have another reason [for the state] to knock down our order,鈥� Bexar County Judge Nelson Wolff said.

For Texans living in urban areas, another source of confusion over mask-wearing are the pingpong legal battles between Abbott and local officials. In some cases, a local mask mandate has been overturned by one court, only to be reinstated within hours by another.

For example, the Texas Supreme Court temporarily nixed mask mandates in Bexar and Dallas counties Sunday evening. Less than a day later, a lower court judge essentially reinstated the Bexar mandate for public schools 鈥� though not without acknowledging the confusion.

鈥淚 just wanted to apologize to all those parents, school administrators, the superheroes that we call teachers for what someone called the equivalent to a legal tug of war, unfortunately where our children are right in the middle,鈥� District Judge Antonia Arteaga said in making her ruling Monday afternoon.

After the Supreme Court ruling, Dallas County Judge Clay Jenkins insisted in a tweet that justices 鈥渄id not strike down my face mask order.鈥�

But the court made Jenkins鈥� order unenforceable by removing his ability to fine businesses that don鈥檛 comply, said Doug Alexander, a lawyer representing Jenkins.

鈥淲hat鈥檚 鈥榗ray cray鈥� about it is that everybody鈥檚 telling [Jenkins] he needs mask mandates to save lives in Dallas County,鈥� Alexander said. 鈥淔or reasons that I can鈥檛 fathom, the governor and the attorney general are hell-bent on tying the arms of all governmental entities from doing exactly what the physicians on the front lines are telling them they must do to stop the surging pandemic.鈥�

Amid the legal disarray, many school districts have walked back plans to require masks.

鈥嬧�婲ortheast Independent School District in San Antonio imposed a mask order after Bexar County officials convinced a judge to pause Abbott鈥檚 ban on mask mandates. But after Sunday鈥檚 Supreme Court ruling, the district scuttled its plans.

The same goes for Fort Bend ISD 鈥� another district that was set to require masks, but changed course in defiance of Fort Bend County Judge KP George鈥檚 mask order for the county, which includes public schools.

Some districts aren鈥檛 waiting for the state to challenge local mask orders to reverse course. In Travis County, Eanes Independent School District pulled back its mask mandate after the state Supreme Court decision 鈥� even though the decision didn鈥檛 apply to Travis County and the county mask mandate remains in effect.

鈥淲e will follow the law as it is determined by the highest court at the time in this legal chess match,鈥� the school district posted on Twitter.

Others have stuck with their mandates through the chaos. Dallas, Austin and San Antonio ISDs will continue to require masks despite the Supreme Court order.

In parts of the state where masking orders remain untouched by the legal crossfire, officials are weighing the possibility of expanding the mandate beyond schools and colleges.

Plenty of businesses in Austin have adopted their own masking requirements without a local mandate, Austin Mayor Steve Adler said. But he hasn鈥檛 ruled out mandating masks for private businesses if the number of COVID-19 patients in hospitals continues to rise 鈥� though Adler doesn鈥檛 relish the idea.

鈥淲e鈥檙e all just trying to keep people safe and to keep the economy open,鈥� he said.

Abbott has pushed back in recent days on the by cities, counties and school districts against his order 鈥� arguing in court that localities don鈥檛 have the authority to ignore his order and are creating undue confusion with local mandates. Texas is past the need for mask mandates, Abbott has said.

鈥淎ny confusion stems from local officials violating the governor鈥檚 executive order in their attempt to restrict the rights and freedoms of Texans,鈥� Abbott spokesperson Renae Eze said in a statement. 鈥淓very Texan has a right to choose for themselves and their children whether they will wear masks, open their businesses, or get vaccinated.鈥�

To Adler, it鈥檚 Abbott who鈥檚 creating the confusion.

鈥淚 think there鈥檚 huge confusion when the science and the doctors all say that we need to do everything we can to get people to mask and to get vaccinated 鈥� and our governor won鈥檛 make it happen and will stop local communities from doing what they can to make it happen,鈥� Adler said.

Joshua Fechter and Brian Lopez are reporters , the only member-supported, digital-first, nonpartisan media organization that informs Texans about public policy, politics, government and statewide issues.

Disclosure: Steve Adler, a former Texas Tribune board chair, has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune鈥檚 journalism. Find a complete list of them .

The ruling comes after several school districts and a handful of counties across the state defied Gov. 鈥檚 executive order that restricted local entities from instituting mask mandates. On Friday, the 4th Court of Appeals in San Antonio upheld a lower court ruling that permitted Bexar County to require mask-wearing in public schools. Shortly after, the 5th Court of Appeals in Dallas upheld a more far-reaching order from Dallas County Judge Clay Jenkins that required masks in public schools, universities and businesses.

In a to the Texas Supreme Court, Texas Attorney General 鈥檚 office said the Texas Disaster Act of 1975 gives the governor power to act as the 鈥渃ommander in chief鈥� of the state鈥檚 response to a disaster. Attorneys representing cities and counties that have sued Abbott over his executive order have argued that his orders should not supersede local orders.

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鈥淟et this ruling serve as a reminder to all ISDs and Local officials that the Governor鈥檚 order stands,鈥� Paxton said after the ruling.

Abbott鈥檚 response to the decision was less pointed, specifying that his executive order does not prohibit mask-wearing.

鈥淎nyone who wants to wear a masks can do so,鈥� .

But some of the local officials who defied Abbott鈥檚 order said they鈥檒l continue to fight.

In a statement, the city of San Antonio said the Supreme Court鈥檚 decision 鈥渉as little practical effect鈥� since a lower court鈥檚 ruling granting the city temporary permission to issue a mask mandate will expire tomorrow. The city still plans to present its case in a Bexar County district court.

鈥淭he City of San Antonio and Bexar County鈥檚 response to the Texas Supreme Court continues to emphasize that the Governor cannot use his emergency powers to suspend laws that provide local entities the needed flexibility to act in an emergency,鈥� said City Attorney Andy Segovia.

Michael Hinojosa, superintendent of the Dallas Independent School District, announced Sunday evening that his district still plans to require masks when the school year begins for a majority of students on Monday, a Dallas ISD spokesperson said. Dallas County has a hearing Aug. 24 before a lower court that granted it permission to implement its mask mandate.

Jenkins, the county judge, that he expects the county to win in that hearing.

鈥淲e won鈥檛 stop working with parents, doctors, schools, business [and] others to protect you,鈥� Jenkins said.

Fueled by the highly contagious delta variant, hospitalizations have increased across the state at a pace quicker than at any other point during the pandemic. Less than half of the state鈥檚 population is fully vaccinated.

Jon Taylor, a political science professor at the University of Texas at San Antonio, said it was 鈥渁 long shot鈥� that the state Supreme Court would go against Abbott鈥檚 executive order.

鈥淭he Supreme Court in general, particularly with a Supreme Court that is 9-0 Republican at the moment, I think it was going to be difficult to see them going against the governor for something that is viewed as his legal right to do at this point,鈥� Taylor said.

Dale Carpenter, a law professor at Southern Methodist University, said the ruling means 鈥渢he writing is on the wall鈥� for other school districts and counties that have also approved mask requirements, and it鈥檚 likely Abbott and Paxton will repeat the same legal maneuvers they made with Dallas and Bexar counties.

Greg Casar, an Austin City Council member, that a mask requirement for Austin ISD is still in place despite the Supreme Court鈥檚 decision.

鈥淭his is about keeping our kids in school and out of the hospital,鈥� Casar said.

Meanwhile, President Joe Biden hinted last week at the possibility of the federal government intervening in states that have banned mask mandates.

Recently, the released guidance recommending universal masking for students and school staff. With children younger than 12 not yet cleared to receive the vaccine, some teachers and parents in Texas have expressed worry that not instituting mask requirements could contribute to spread of the virus .

That led some of the largest school districts in the state 鈥� Austin ISD, Dallas ISD and Houston ISD 鈥� to require masks, despite Abbott鈥檚 order.

On Friday, a judge granted temporary permission to Harris County and several other Texas school districts to implement masks requirements. A judge in Tarrant County, meanwhile, granted a temporary order preventing Fort Worth ISD from requiring masks after four parents pursued a restraining order against the district, according to the .

Allyson Waller is a reporter , the only member-supported, digital-first, nonpartisan media organization that informs Texans about public policy, politics, government and statewide issues.

Disclosure: Southern Methodist University and the University of Texas at San Antonio have been financial supporters of The Texas Tribune, funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune鈥檚 journalism. Find a complete .

Her 7-year-old son, Reid, had a liver transplant when he was 10 months old, leaving him immunosuppressed and more at risk for complications from COVID-19. Even before the pandemic, it was hard for Reid to fight off viruses.

Her other son, 11-year-old Reece, isn鈥檛 under the same predicament. But with COVID-19 surging once again, masking optional at his school and vaccines not available for children under 12, he runs the risk of passing the virus along to his brother. So Robertson is scrambling to find a safer option for her kids.

That scramble is being replicated across the state by school administrators, teachers and other parents. For the second straight school year, schools must worry about how to keep their staff and their children safe and ensure that they鈥檙e providing the best possible education during a pandemic that has killed more than 50,000 Texans. Complicating the matter this year: Gov. has banned mask mandates in schools and the state will not provide funding for remote learning.

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It鈥檚 still unclear when vaccines will be available for those under 12, but best-case scenarios suggest it could be late September or early October before they鈥檙e approved.

Worried parents across the state found some hope last week as big-city school districts such as Austin, Dallas, Houston, Fort Worth, San Antonio and other Bexar County schools opted to defy Abbott and require masking for everyone on campus.

Under Abbott鈥檚 executive order, districts or government entities can be fined $1,000, but it is unclear how this would apply to school districts. Abbott, along with Attorney General , made clear last week that they plan to take school districts to court if they don鈥檛 comply with his order.

And Paxton on Wednesday told Dallas radio host Mark Davis that Texas could go the route of Florida, where the GOP governor there, Ron DeSantis, has threatened to pull the funding of school districts that violate his ban on mask mandates. Paxton said the Texas Legislature would have to be involved, but he thinks there are 鈥渄efinitely avenues [Abbott] will look at 鈥� we鈥檒l look at with him 鈥� to enforce these laws.鈥�

In El Paso, where school started more than a week ago, Jewel Contreras sends her young daughters to school with masks, even though El Paso ISD is not requiring them.

鈥淭hat doesn’t really do anything because they come home and they鈥檙e not wearing masks,鈥� she said.

Contreras said her daughter’s dad is epileptic and if he gets sick it triggers seizures. If virtual learning was an option at El Paso ISD, they wouldn鈥檛 have to worry about the potential health risks. If cases keep rising, Contreras said she will consider pulling her daughters out and home schooling them.

For Robertson, the Sugar Land parent, the same concerns arise. Masking is optional at Lamar Consolidated Independent School District, and like many other school districts across the state, there is no virtual learning option.

Last spring, when the pandemic hit, Texas Education Commissioner Mike Morath issued a waiver allowing districts to receive full funding for virtual learning. That has since expired and a bill that would鈥檝e established and expanded virtual learning this fall died in the regular session after Texas House Democrats walked out to prevent passage of a GOP-backed bill that would outlaw local voting options, among several other changes to state elections.

During this month鈥檚 special legislative session, , another virtual learning bill similar to the one considered in the regular session, was approved by a committee in the Texas Senate. The bill allows for school districts and charter schools that received a C grade or higher in the most recent round of state accountability grades to offer remote learning to students. Under the bill, however, districts can鈥檛 have more than 10% of their student population enrolled online.

The measure has provisions to keep virtual learning in place until 2027, but several senators can鈥檛 get behind that. Sen. , D-Dallas, suggested the bill end in 2023, when the Legislature will meet again.

Sen. , R-Lubbock, also expressed concerns over the bill going beyond 2023.

鈥淚t seems to me that we are having a titanic shift in philosophy at some level over a crisis that we know is temporary,鈥� Perry said.

Either way, the future of the bill is uncertain. Democrats have not returned to the state House as they continue to protest the elections bill. Until enough of them return, the chamber can鈥檛 pass any legislation.

Bob Popinski, director of Raise Your Hand Texas, an education policy and research group, said his organization believes the best form of instruction is in person. But with coronavirus scrapping plans, the organization supports bills like SB 15 that allow school districts to create their own local virtual learning programs.

Some school districts have heard the cries of parents and will offer virtual learning at the cost of their budgets. Austin, Frisco, Round Rock, Leander, Pflugerville, Richardson, Lake Travis and Del Valle school districts are each offering some form of virtual learning, mostly for kids under the age of 12.

Round Rock Independent School District has more than 2,000 students signed up for virtual learning, according to spokesperson Jenny Caputo. That will cost the district between $8 million to $10 million per semester, depending on final figures.

While Round Rock ISD did receive funding from the federal government through both the CARES Act and American Rescue Plan, that won鈥檛 be enough to cover the costs because the district already had a deficit due to the shutdown of 2020.

鈥淲e’re just relying on our current budget on being able to find savings where we can,鈥� Caputo said. 鈥淗owever, you know this isn’t sustainable long term.鈥�

In Austin ISD, more than 7,000 families enrolled for the virtual option but only about 4,034 were accepted. Austin ISD spokesperson Eddie Villa said it will cost the district $10,100 per student, putting the bill at about $40.7 million. About 2,388 of those children are out of district. The district offered the option to out-of-district families because of limited virtual options during the latest coronavirus surge.

Villa said the district鈥檚 plan is to pay for that through the federal Elementary and Secondary School Emergency Relief Funds, but that could change as the district looks at its finances.

Other districts offering virtual options will also look toward the federal money to pay for it. In Frisco, the school district has about 8,100 students choosing the virtual option, costing the district about $20 million.

Frisco officials, though, say they are going to use money that the state is giving them in discretionary ESSER funds. Frisco ISD is set to receive about $33 million.

鈥淚 won’t say that I didn’t lose sleep over proposing this option,鈥� said Mike Waldrip, Frisco ISD superintendent. 鈥淲e just felt compelled as a district to do this in response to the disease level and what we’re seeing in preliminary research that [the delta variant] may be affecting children differently and we’ve got this age group of children that don’t have vaccination as an option.鈥�

In rural communities, such as Caldwell ISD, virtual learning is not only a funding issue, but an accessibility one, said Superintendent Andrew Peters.

鈥淔ifty percent of my families are in poverty,鈥� Peters said. 鈥淭hey don’t have strong internet, they’re working off of a cellphone, you know, they don’t have a big 20-inch computer screen.鈥�

Peters said a lot of people in those families got laid off during the pandemic, and while they want their kids to do well in school, sometimes they’re more worried about what they鈥檙e going to eat rather than how their kid is doing on a computer screen.

鈥淚’m not opposed to [virtual learning],鈥� he said. 鈥淚 just don’t think that our society is built for that kind of learning environment.鈥�

During a Senate Education Committee hearing last week, senators especially expressed concerns over how recent STAAR test scores suggested that remote learning led to considerable learning loss for students over the last year and a half. Morath told senators that the percentage of kids excelling in virtual education is “very small鈥� and estimates that learning loss wiped out between 10 to 20 years of statewide educational gains.

In districts where fewer than a quarter of classes were held in person, the number of students who met math test expectations dropped by 32 percentage points, and the number of students who met reading expectations dropped by 9 percentage points compared to 2019, the last time the test was administered.

The learning loss was particularly exacerbated in Hispanic communities. Hispanic students in districts with over three-quarters of learning done remotely saw the largest drops compared with students in other demographic groups, with a 10-percentage-point decrease in the number of students meeting reading expectations and a 34-percentage-point decrease in those meeting math expectations.

But still, for parents like Robertson, virtual learning is the best alternative. She said at least if her children struggled, she was there to help them and still had the assurance that they were safe.

Her 11-year-old, Reece, will attend the Texas Connections Academy at Houston, a full-time virtual school that is part of the Texas Virtual School Network under the TEA. There are seven such schools and most teach grades between 3 to 12. Reid is in second grade, which isn鈥檛 offered.

One of the schools, iUniversity Prep serves grades 5 to 12, but has a cap on how many students it receives each year. Spokesperson Kaye Rogers said the cap sits at about 1,400 and they usually attract kids who are actors, elite athletes or have health issues. The school has seen more calls coming from parents with coronavirus concerns but they haven鈥檛 been swarmed by requests, she said.

The Texas Tribune contacted the six other online schools but did immediately get a response for an interview request.

For now, Robertson is waiting for LCISD to approve her homebound instruction request. Usually, homebound instruction is given to students that are confined to their home or a hospital. Students receive at least four hours of instruction per week and otherwise independently work on assignments.

Still, Robertson is wary of homebound instruction because that will mean someone outside her household has to come to her home and give that work to her child. Another option for parents is home schooling. The Texas Home School Coalition, which advocates for and provides resources to home schooling families, has reported that its call and email volume doubled to 1,016 during the last week of July, up from 536 the week before.

鈥淚n 2020 we saw the largest surge in home schooling in history. It appears that renewed concern about COVID-19 may be about to replicate a similar trend for 2021,鈥� THSC president Tim Lambert said in a statement.

Some teachers and parents are eager to return to classrooms. Stephanie Stoebe, a fourth grade teacher at Teravista Elementary School in Round Rock, said she isn鈥檛 worried about going back to school in person. She is vaccinated and takes the precautions necessary to be safe, she said.

She has cleaning protocols in place and will move desks apart. She also emphasized that families can send their children to schools with masks on. Policy is beyond her control, she said, but what she can do is be optimistic and give her students the best possible year.

鈥淚’m really excited,鈥� Stoebe said. 鈥淚t’s going to be a fantastic year.鈥�

At the end of the day, parents like Robertson will have to make the decision that is right for their children.

鈥淚’ve seen my child on a ventilator,鈥� she said. 鈥淚t’s really frightening 鈥� it changes you and I don’t want that for anybody’s child.鈥�

Brian Lopez is a reporter covering public education , the only member-supported, digital-first, nonpartisan media organization that informs Texans about public policy, politics, government and statewide issues.

Disclosure: Raise Your Hand Texas has been a financial supporter of The Texas Tribune, funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete .

Resistance is growing to Gov. ‘s May executive order that Texas schools can鈥檛 require masks, with an advocacy group suing to block the order and some of the state鈥檚 biggest districts issuing mask mandates anyway or indicating they want to.

Dallas Independent School District officials announced Monday morning that they will require students and teachers to wear masks on campus. Austin ISD鈥檚 superintendent also announced late Monday that , to KXAN-TV. Houston ISD Superintendent Millard House II has said he wants to issue a mandate, too, and a school board meeting for Texas鈥� biggest district to discuss the idea is scheduled for this week.

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On Tuesday, officials in Bexar County sued Abbott, seeking the power to impose a local mask mandate in their schools.

Meanwhile, the Southern Center for Child Advocacy, a nonprofit education group, filed a lawsuit Sunday night in Travis County against Abbott and his executive order prohibiting school districts, governmental bodies or any public or private entity that is receiving or will receive public funds from requiring masks.

In the absence of a statewide mask mandate, the group seeks to give the power to enforce mask wearing back to local school districts, said Hank Bostwick, volunteer center coordinator and lawyer.

Abbott鈥檚 order, issued in the spring when coronavirus cases were on the decline, limits school officials鈥� ability to respond to the pandemic, which at the moment is in the middle of what some health experts are calling a third wave. With the delta variant being more infectious, cases are on the rise and more children are being sent to hospitals.

Abbott stated earlier this month that he was past the point of issuing government mandates to slow the spread of COVID-19, even as the delta variant has cases and hospitalizations up across the nation. Instead, he said it is time for personal responsibility, which he emphasized when he took away the statewide mask mandate earlier this year.

鈥嬧�嬧�淕oing forward, in Texas, there will not be any government-imposed shutdowns or mask mandates,鈥� he said. 鈥淓veryone already knows what to do.鈥�

Texas State Teachers Association President Ovidia Molina said in a statement that she urges other school districts to join Dallas ISD in requiring masks and also called for Abbott to rescind his executive order.

鈥淲e agree with Dallas Superintendent Michael Hinojosa that it is within a school district鈥檚 discretion to take steps to ensure the health and safety of its students and employees,鈥� Molina said.

The lawsuit claims that Abbott is overeaching his authority and that his emergency powers should be used to take proactive steps and 鈥渘ot to advance an anti-mask political agenda that has no discernible basis in the data regarding the COVID-19 contagion rate.鈥�

鈥淭his is purely political gamesmanship, and has nothing to do with the health and safety of Texas children or their teachers,鈥� Bostwick said.

The lawsuit highlights that people of color are still lagging behind in vaccination rates and getting these families back in schools without proper protection makes them vulnerable to an increased rate of infection.

鈥淭he threat to the health and safety of Texas public school students and teachers is imminent and real,鈥� the lawsuit states.

The group also claims that the governor is in violation of Texas education code because children with disabilities 鈥渁re entitled to learn and interact with their non-disabled or typical peers in a safe and healthy educational environment.鈥� The order not allowing masks means some of these students may be unable to attend school in person if masking is not required, the lawsuit claims.

But as the school year begins, some schools are openly defying the governor鈥檚 order.

鈥淕overnor Abbott鈥檚 order does not limit the district鈥檚 rights as an employer and educational institution to establish reasonable and necessary safety rules for its staff and students,鈥� Dallas ISD said in a statement. 鈥淒allas ISD remains committed to the safety of our students and staff.鈥�

Renae Eze, a spokesperson for Abbott, said in a statement that only parents and guardians have the right to choose whether or not their children wear masks, otherwise it’s a violation of rights. The best way to combat coronavirus is getting vaccinated, she said.

“We are all working to protect Texas children and those most vulnerable among us, but violating the Governor鈥檚 executive orders鈥攁nd violating parental rights鈥攊s not the way to do it,” Eze said. “Governor Abbott has been clear that the time for mask mandates is over; now is the time for personal responsibility.”

At the moment though, children under 12 are not eligible for the vaccine and parents of that age group continue to worry.

House, the Houston superintendent, said last week that he expects pushback on his attempt to impose a mask mandate, but that 鈥渋f we have an opportunity to save one life, it鈥檚 what we should be doing.鈥�

Under Abbott鈥檚 order, entities that defy the governor are subject to a $1,000 fine, but it is unclear how this would apply to school districts.

The ongoing concern over safely returning to classrooms spurred over 100 Austin ISD families to form Safe Schools for All to advocate for local control. Member Mike Siegel, an Austin ISD parent of two kids under 12, said before the district鈥檚 that districts across the state need to form a coalition and fight back together to combat a potential legal battle or fines.

鈥淲hen people run for school board, they don鈥檛 think of themselves as preparing to go to war with the governor,鈥� Siegel said. 鈥淪o right now I just want to give a lot of support to our school board trustees.鈥�

Lana Hansen, mother of two Austin ISD students under 12, said she cannot wrap her head around why Abbott would take away school official鈥檚 power to protect their communities.

鈥淲e all know that what鈥檚 best for Austin isn鈥檛 best for Fredericksburg or Lubbock or Houston, like that鈥檚 why we have our own elected officials,鈥� Hansen said.

In Fort Worth, .

Concern over COVID-19 has flared over the past months as the delta variant has taken hold and last Thursday, the Texas Education Agency announced guidance that drew pushback from many parents and advocacy groups.

The TEA said Texas school districts will not be required to conduct contact tracing this year if a student contracts COVID-19. But the agency did allow for remote learning for up to 20 days for students who are sick with COVID-19 or have been exposed to it. If more time is needed, schools can apply for waivers.

Longer-term remote learning has largely been defunded after it was offered at the start of the pandemic, and efforts to allocate funding for it have so far failed in the Legislature this year.

Brian Lopez is a reporter covering public education , the only member-supported, digital-first, nonpartisan media organization that informs Texans about public policy, politics, government and statewide issues.

Disclosure: Texas State Teachers Association has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete .