Herrera statement on court order regarding SF public schools

“We swung for the fences in seeking this court order because San Francisco families deserved it. We came up short, but the case is not over.”

SAN FRANCISCO (March 25, 2021) — City Attorney Dennis Herrera released the following statement regarding today’s decision by the San Francisco Superior Court denying his request for an emergency court order, known as a preliminary injunction, to compel the San Francisco Unified School District to reopen public schools as allowed by public health officials:

City Attorney Dennis Herrera

“Obviously this was not the decision we hoped for, and we vehemently disagree with the court’s reasoning. It’s disheartening for us and for all of the San Francisco families who have suffered under a year of remote learning. Today’s decision was not a victory, but the court recognized the tremendous toll that being unable to return to school has taken on children. As the court acknowledged, there can be no doubt as to the adverse effects of the past year on students, families, teachers and school staff.

The court also noted that when we brought this case, the school district’s plan for reopening was ‘quite general, and did not include any specific milestones or deadlines.’ I described it then as a plan to make a plan. That’s what it was, and that was not good enough.

It was only after we sued the school district and parents mobilized to demand action that school officials finally began making progress on reopening. It’s unfortunate that it took a lawsuit and families rallying in the streets to get the school district to focus on the most important thing – getting its students back in class.

While we’re heartened that at least some students will have the opportunity to go back to school next month, it is still unacceptable to have no real plan for middle and high school students.

We swung for the fences in seeking this court order because San Francisco families deserved it. We came up short, but the case is not over. We’re evaluating all of our legal options going forward.”

The case is: City and County of San Francisco v. San Francisco Board of Education et al., San Francisco Superior Court case number CPF-21-517352, filed Feb. 3, 2021. Additional documentation from the case is available on the City Attorney’s website at: sfcityattorney.org

###