FRESNO, Calif. (KFSN) — The Fresno County Public Health Department has a second school on its radar for bringing kids back to campus in violation of the state emergency order.

A crowd of kids ran around outside Monday morning on a recess from their first day of school, held in person at Clovis Christian Schools.

A state order prohibits on-campus instruction in counties with active coronavirus outbreaks, including Fresno County, but this is the second school to do it in this county.

“Not everything is black and white,” said legal analyst Tony Capozzi. “There may be some ambiguity here and if they can show they’re meeting all the proper precautions, they may be able to stay open.”

The City of Clovis has had more than 1,000 residents diagnosed with coronavirus, but the size of the school could matter.

Clovis Christian has about one-fourth as many students as Immanuel in Reedley, but just like Immanuel, it did not ask for a waiver allowing for in-person instruction.

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A Facebook post from the school’s parent-teacher organization mentions new policies and protocols without giving specifics.

School employees directed parents down a dirt path and to the back of the property to pick up students and the school didn’t respond to phone calls and emails Monday, so we don’t know what precautions they may be taking.

Capozzi says they’d be better off from a legal standpoint if they publicized their plans.

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“I would think that the county or state would come in and try to see an injunction,” he said. “They may not, but if they do, I would surely present that defense and what their protocol is to the court.”

Capozzi says the county might be obligated to take action against Clovis Christian since they planned to seek an injunction against Immanuel.

For now, though, public health officials tell us only that they’re aware that Clovis Christian has brought kids on campus for school and they’re investigating further.