BOARD OF TRUSTEES

FORT WORTH INDEPENDENT SCHOOL DISTRICT

RESOLUTION CONCERNING IMPLEMENTATION AND ENFORCEMENT OF
SCHOOL SAFETY MEASURES

WHEREAS, the Board of Trustees of the Fort Worth Independent School District is
authorized by Texas Education Code § 11.151(b) to act as a body corporate and is granted the
exclusive power and duty to govern and oversee the management of the public schools of the
district; and,

WHEREAS, all powers and duties not specifically delegated by statute to the Texas
Education Agency or the State Board of Education are reserved for the trustees, and the Texas
Education Agency or the State Board of Education may not substitute their judgment for the
lawful exercise of those powers and duties by the trustees; and,

WHEREAS, the Board of Trustees of the Fort Worth Independent School District is
directed by Texas Education Code § 11.1511(b)(1) to seek to establish working relationships
with other public entities to make effective use of community resources and to serve the needs
of public school students in the community; and,

WHEREAS, the Board of Trustees of the Fort Worth Independent School District has
determined, after consulting numerous public health and medical sources, that it should
follow CDC guidelines with respect to the operations of its schools; and,

WHEREAS, the Board of Trustees of the Fort Worth Independent School District is
authorized by Texas Education Code § 37.102(a) to adopt rules for the safety and welfare of
students, employees, and property and other rules it considers necessary to carry out the
governance of the district; and,

WHEREAS, Board of Trustees of the Fort Worth Independent School District is

authorized by Texas Education Code § 37.105(a) to authorize a school administrator, school
resource officer, or school district peace officer of a school district to refuse to allow a person
to enter on or may eject a person from District property for failing to follow District
directives: and,

WHEREAS, the Fort Worth Independent School District and its Superintendent, Dr.
Kent P. Scribner, are currently involved in litigation in Cause No 352-327449-21, pending in
the 141st District Court of Tarrant County, styled Treger, et al v Scribner, et al, and which has
resulted in a court order or court orders which constrain the ability of the Fort Worth
Independent School District to deal with COVID-19 safety-related issues:

NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Fort Worth

Independent School District that:
1. The recitals set forth above are found by the Board to be true and correct.
 2. Subject to the provisions of Paragraph 3, below, Fort Worth Independent School
District staff, students, parents, and all visitors at Fort Worth Independent School
District facilities are henceforth required to wear protective facemasks, unless
expressly excused from such requirement for medical reasons. A medical
exemption request should be accompanied by written documentation from a
licensed physician regarding the medical need.
3. The directives in Paragraph 2 of this Resolution are hereby made subject to any
restrictions or judicial orders issued by the court in Cause No 352-327449-21,
pending in the 141st District Court of Tarrant County, styled Treger, et al v
Scribner, et al, which currently has resulted in a court order or court orders which
may constrain the ability of the Fort Worth Independent School District to
implement and/or enforce the directive contained in this Resolution. It is the intent
of the Fort Worth Independent School District Board of Trustees that the District
Administration vigorously enforce the directives contained in this Resolution to
the fullest extent possible, so long as such enforcement does not violate the terms
of an enforceable Order in the above-referenced suit, or any other Order issued by
a court in the State of Texas which has jurisdiction over the Fort Worth
Independent School District.
4. The Superintendent shall review the need for masks monthly using CDC
guidelines, medical guidelines, and local hospital capacity to determine whether
the need for masks still exists and shall advise the Board with respect to his
conclusions. This authority given to the Administration in this Resolution shall be
in full force and in effect until such time as it is rescinded by the Board of
Trustees.
Adopted the 26th day of August 2021 by the Fort Worth Independent School District
Board of Trustees.

__________________________________
TOBI JACKSON
Board President

ATTEST:

__________________________________
CARIN “CJ” EVANS
Board Secretary