Mr Abbott’s office did not immediately respond to requests for comment on Wednesday evening. Mr. Morath’s office also did not respond immediately.
The lawsuit was first filed in August, at the start of the fall semester. Disability Rights Texas argued that school district leaders should make their own decisions about mask warrants. School districts, the organization said, should base their decisions on the transmission of Covid in their area and on the needs of their students.
The governor’s order, Judge Yeakel said, excluded “children with disabilities from participating and denied them the benefits of public school programs, services and activities to which they are entitled.”
Several school districts had changed or canceled their mask mandates since Mr Abbott’s order.
Mr Paxton sent letters to school district superintendents threatening them with “legal action by his office to enforce the governor’s order and protect the rule of law” if they did not rescind their mask warrants , according to court documents. On September 10, Mr. Paxton filed lawsuits against six school districts, according to the documents.