The new order prohibits private schools in Montgomery County from reopening for in-person classes earlier than Oct. 1.

Tyrone Turner / DCist/WAMU

Updated 4:06 p.m.

Maryland’s top health official is seeking to override a Montgomery County health order that would temporarily close private schools during the pandemic.

Maryland Secretary of Health Robert R. Neall issued a memo Thursday saying state health policy prohibits non-public schools from being closed “in a blanket manner.” Instead, the memo says, local health officers should “carefully evaluate the facts and circumstances of each individual school and their proposed COVID-19 response plan.”

The memo arrives one day after the latest salvo in a days-long battle between Montgomery County and state officials over the county’s authority to close private schools for health and safety reasons. Montgomery County Health Officer Travis Gayles recently issued two orders shuttering private schools in the county until Oct. 1, contradicting Gov. Larry Hogan, who has said private schools can choose whether or not they reopen for in-person classes.

Gayles issued an order on Wednesday prohibiting private schools in Montgomery County from reopening before Oct. 1. It fulfills the same requirements as a previously issued order, only it doesn’t outline fines or jail times for schools that disregard the order. The county health officer rescinded his initial order after Hogan issued one of his own this week that stripped local governments of their authority to prohibit private schools from reopening. It specifies that the decision to reopen is for schools and school districts to make.

“Private and parochial schools deserve the same opportunity and flexibility to make reopening decisions based on public health guidelines,” Hogan said in a statement at the time. “The blanket closure mandate imposed by Montgomery County was overly broad and inconsistent with the powers intended to be delegated to the county health officer.”

In his most recent order, Gayles looked to a different state law that he says restores his authority and allows him to “act properly to prevent the spread of the disease,” Bethesda Beat reported.

“County health officials continue to base their public health decisions on data and the data and science at this point, the data does not suggest in-person instruction is safe for students, teachers, and others who work in a school building,” Gayles’ statement read, citing an increased in coronavirus cases in the region, specifically among young people.

Last month, Hogan gave jurisdictions the option of holding in-person classes this fall, while outlining a three-pronged approach to reopening that jurisdictions must abide by, including following CDC guidelines for wearing face coverings, social distancing, hand washing, and more. Several public school systems in Maryland have opted to start the fall semester with online learning, including Montgomery and Prince George’s counties.

Some parents, teachers, and community members took issue with the move to block private school reopenings. A group of people protested outside County Executive Marc Elrich’s Office Wednesday night, calling on officials to lift the blanket ban on private school reopenings.

Elrich said Wednesday that Hogan’s decision to strip local health officials of their authority showed “no logic,” according to the Baltimore Sun.

“It makes no sense to have a policy to, on one hand, say: ‘I’m perfectly fine with the entire public school system of every county that wants to close it to close.’ And then, on the other hand, just saying: ‘I’m OK with private schools opening,‘” he said, adding that public school children and teachers are just as much at risk of contracting the virus as those at private schools.

This story was updated to include information about the new memo from Maryland’s health secretary.

Filed Under: coronavirus, governor larry hogan, Maryland, private school,