Fresno County has not given up trying to stop private school from teaching on campus
Fresno County may have lost the first round in its battle with Immanuel Schools in Reedley over in-person teaching on its campus, but it has not given up the fight.
The county has been trying to force the private, faith-based school to comply with its order to operate by remote learning until Fresno County gets off the state’s COVID-19 monitoring list for 14 consecutive days.
School officials have defied the county, saying in-person learning is best for students and denying children that right is unconstitutional. They say parents are fearful their children will fall behind if they practice remote learning.
A Fresno County Superior Court judge ruled in Immanuel’s favor Tuesday by denying the county’s request for a temporary injunction against the school. Judge D. Tyler Tharpe said the county did not prove its case of causing irreparable harm or that having the school open is creating an immediate danger.
But round two in this legal fight is coming up on Sept. 15. And County Counsel Daniel Cederborg said he is ready. The county will go back to Tharpe’s courtroom for a full hearing on the issue.
“The County intends to present its full case supporting the issuance of a preliminary injunction,” Cederborg said Wednesday in a statement. “A preliminary injunction hearing will involve a closer look by the Court at all the evidentiary material that will be submitted and the County’s full response to the voluminous materials the Schools attorney submitted in the TRO hearing. “
Immanuel Schools’ attorney Jennifer Bursch of Murrieta could not be reached for comment Wednesday.
Bursch’s Southern California firm represents Immanuel Schools in the superior court case as well as one before the state Supreme Court where Immanuel is one of five plaintiffs, all faith-based schools including Clovis Christian.
Bursch wants California’s highest court to rule on whether Gov. Gavin Newsom has the authority to keep children out of their private schools as a matter of public health. She argues he doesn’t.
“The eyes of the country are set firmly on California to determine whether the court will right the wrongs being committed against children across the State as they struggle to learn the fundamentals of education in their early years,” the court document states.
The state has until Friday to respond to the complaint filed by the parents.
Legal expert shares opinion
Legal expert David Carrillo, lecturer in residence and executive director of the California Constitution Center at Berkeley Law, said Immanuel Schools could have a tough time proving its case.
“The California constitution does provide a right to education,” Carrillo said. “But it says nothing about providing a right to be educated in a classroom, so the state acts well within its power by mandating remote instruction to save lives in a pandemic. That applies to both secular and religious schools.”
This story was originally published August 27, 2020 at 5:00 AM.
