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State Supreme Court temporarily suspends Dane County order requiring all-virtual instruction for grades 3-12

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From our news partner Channel3000:

The state Supreme Court has issued a temporary injunctive relief against Public Health Madison & Dane County’s emergency order which requires students in grades three through 12 to learn virtually.

The court has enjoined Emergency Order #9 as it considers school closures, which grants the petitioners emergency temporary injunctive relief on restrictions to in-person learning.

Three separate lawsuits from families and private schools were filed asking the court to allow for in-person classes at schools. The court concluded that public health officials did not appear to have the proper authority to enforce parts of the order.

“In short, Petitioners are likely to succeed on the merits of their argument that the Order’s broad closure of schools in this case is not within the statutory grant of power to local health officers in Wis. Stat. § 252.03.”

According to court documents, the petitioners have 30 days to file a single brief to the court.

In a statement Thursday night, Dane County Executive Joe Parisi noted that the county had confirmed a record 456 new cases today.

“Public Health’s order prioritized the safety and well-being of kids, parents, teachers, and the communities they call home. Tonight’s order will jeopardize those goals and may lead to more illness and needless human suffering,” he wrote.

Earlier this month, PHMDC amended the order to allow children with special needs to attend school in person.