Keeping Schools Closed Is, Yes, Unprecedented

First there were a spate of teacher lawsuits aimed at keeping public schools shuttered during the coronavirus pandemic. Now we’re seeing a rash of litigation aimed at forcing schools to open. Parents in several states are suing to require in-person instruction. Private school parents have also filed lawsuits challenging orders that essentially require all schools to close if the public schools are closed.

I don’t know how these suits are going to play out. Nearly all will be decided under the arcana of state constitutions. But the avalanche of litigation does provide the occasion to consider the equities of the situation. For public schools, the question is complex. For private schools, it’s easy.