the justice department filed a new statement of interest in a case involving disabled students in texas who say they are at a heightened risk of catching covid19 because of the states ban on mask mandates in public schools the serious adverse consequences on students with certain disabilities is readily foreseeable some parents of children at heightened covid19 risk will likely keep their children at homeeven though the children could safely attend school if mask protocols could be put in place the department said in the filing more than 48 million children under the age of 12 are still not eligible for the covid19 vaccine in the us in this aug 18 2021 file photo governor greg abbott speaks at an event in austin texas bob daemmrichzuma wire via newscom file according to the american academy of pediatrics and the childrens hospital association the us reported almost 207000 pediatric covid19 cases last week which marks the fifth week in a row with over 200000 new pediatric cases reported more how students are able to stay in school despite classmates testing positive the doj is following the lead of the department of education which plans on investigating any infringement on a students civil rights by banning masks at school the department of education said the investigation will focus on whether in light of this policy students with disabilities who are at heightened risk for severe illness from covid19 are prevented from safely returning to inperson education in violation of federal law in may texas gov greg abbott ordered a ban on local mask mandates but argued in court that he cant actually enforce a mask mandate ban himself the texas education agency tea recently changed its policy to align with abbotts executive order banning school systems from requiring students or staff to wear a mask the lone star state continues to defeat covid19 through the use of widelyavailable vaccines antibody therapeutic drugs and safe practices utilized by texans in our communities abbott said in a statement on the ban texans not government should decide their best health practices which is why masks will not be mandated by public school districts or government entities we can continue to mitigate covid19 while defending texans liberty to choose whether or not they mask up disability rights texas a federally mandated protection and advocacy agency for disabled texans filed a lawsuit on behalf of 14 children against abbott and tea commissioner mike morath the lawsuit claims that the executive order is putting students with disabilities at significant risk is discriminatory and violates the federal americans with disabilities act and section 504 of the federal rehabilitation act the americans with disabilities act of 1990 is a civil rights law that prohibits discrimination based on disability in this sept 13 2021 file photo a school bus picks up children on the way to school in san antonio texas matthew buschthe new york times via redux file the doj argues that the ada guarantees students with disabilities a