Statement from Attorney Jennifer Bursch

PARTNER AT TYLER & BURSCH, LLP

Statement, July 20, 2020 – 

In the midst of the continuing updates to the state of California's Covid-19 Guidelines, businesses, churches and church goers aren't the only ones confused. We have received many calls from our pastors and supporters about concerns over the private Christian schools that either they operate, they are employed at, or their children or grandchildren attend.  Below, we clarify the legality of the Governor's latest guidelines, aimed to keep schools closed. 

Law is created by the legislature, through initiatives voted on by the people of California or, in times of emergency, through Executive Orders.  It is not created by Facebook posts, statements of opinion, Twitter posts, newspaper articles, or by press conferences.  

Late last week, Governor Newsom used his routine update to introduce the California Department of Public Health’s Industry Guidance for Schools and School Based Programs. The Guidance provides best practices and recommendations for re-opening California public schools (traditional and charter), private schools, school districts, and county offices of education.  While we encourage private schools to follow the Guidance whenever possible in implementing their re-opening policies, it is important to note that the Guidance is not law nor was it accompanied by an appropriate Executive Order which instructs private schools in the State of California to resume school solely through distance learning with no in person instruction.  Nevertheless, the news continues to erroneously report that California private schools are mandated to comply if they are located within a county that is on the State watch list. 

As stated by Governor Newsom, mandatory closures are directly tied to state funds, which are not received by private schools, and the receipt of those funds “[put] this in the form of a mandate in our public education system.” News reports do not create law.  Press conferences, even when delivered by Governors or Presidents, do not create law.  

Based upon our understanding of the Guidelines and in light of the absence of an appropriate Executive Order, we believe private schools throughout the State of California can resume in person instruction this coming school year so long as they do not receive state funds. In the event that the Governor issues an appropriate Executive Order, we will analyze the ability of private schools to open at that time. 

If you have any questions about the Guidelines or about the restrictions in your particular county, please do not hesitate to call us at (951) 600-2733.   

In His Service,

Jennifer Bursch, Partner
Tyler & Bursch, LLP

About Tyler & Bursch, LLP:  With offices in Murrieta and Anaheim, the lawyers and advisors at Tyler & Bursch, LLP have been serving businesses and individuals throughout Southern California for over 20 years. In addition to their defense of Constitutional and Religious Liberties, their areas of practice include Corporate and Business, Labor and Employment, Real Estate and Land Use, Estate Planning and Asset Protection, Family Law, Alternative Dispute Resolution and Civil Litigation. www.tylerbursch.com  Tyler & Bursch provides legal and financial support to their non-profit, pro bono law firm, Advocates for Faith & Freedom in defense of constitutional and religious liberty. www.faith-freedom.com  

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