This is a developing story.

The Texas Education Agency is changing course with its guidance that public schools, closed by local health orders, will continue to receive full state funding for remote-only learning through the duration of those orders.

Texas Education Commissioner Mike Morath told superintendents about the change during a conference call Tuesday afternoon.

The rationale for the switch was based on a guidance letter issued by Texas Attorney General Ken Paxton earlier in the day, stating that public health authorities delaying in-person classes can’t do so indiscriminately to prevent COVID-19 outbreaks they fear will happen at a future date.

While health authorities can make that call when responding to immediate outbreaks and quarantine needs, they can’t issue blanket orders keeping schools closed simply as a preventative measure, Paxton wrote.

“The decision to close schools on such a preventative basis — whether public or private — remains with school system leaders who should consult with relevant public health authorities, including the department and local health authorities,” he concludes.

Health authorities across the state have issued orders prohibiting in-person classes as they try to stop the spread of the new coronavirus. Dallas County health officials have prohibited in-person classes until at least Sept. 8. Tarrant County officials issued a similar order that delays on-campus lessons for most students until Sept. 28.

Some parents and private schools have pushed back at the orders. On Monday, dozens of families protested outside of Tarrant County’s administration building while County Judge Glen Whitely met with parents to discuss their concerns.

Some parents from private schools indicated that their campus leaders weren’t able to give input on the order delaying in-person classes.

Paxton’s letter notes that nothing in existing orders from the governor related to COVID-19 would prohibit any school from opening.

“Indeed, the opposite is true,” Paxton writes. “Religious services, such as those provided by religious private schools, and local government operations, such as public schools, are permitted to open and are excluded from any capacity restrictions.”

He added that schools are required to follow guidance from the Texas Education Agency in order to open properly.

Paxton issued the letter in response to a request from guidance by Stephenville Mayor Doug Svien. The letter comes less than 10 days after similarly aimed guidance to private religious schools, saying that they “need not comply” with county health orders because such schools were an extension of churches, which were protected from closure under Gov. Greg Abbott’s executive orders.

“He’s doing the same thing he did last time, with respect to the format of this,” said Todd Webster, an education lobbyist with Austin-based HillCo Partners, the former mayor of Kyle and the former acting Texas education commissioner in 2012.

The communication to private religious schools, much like the one issued Tuesday, isn’t a binding opinion from Paxton’s office, Webster said. Instead, it essentially offers a possible legal argument to school districts, if they desire to challenge a local or county health order.

Earlier this month, TEA issued guidance to schools on reopening campuses and noted that public schools would not be at risk of losing state funding — which is largely based on student attendance — if local public health officials closed schools because of COVID-19 concerns and those schools made virtual learning available.

Language on the TEA’s website, in a Q&A about attendance and enrollment, pointed to Paxton’s letter as reason why schools would not be funded for “solely remote instruction” for the time period of the order.

“The guidance letter further provides that health authority orders may not conflict with executive orders of the governor and must apply control measures required by statute,” the website read. “Consequently, a blanket order closing schools does not constitute a legally issued closure order for purposes of funding solely remote instruction as described in this document.”

Schools could receive funding for remote-only learning for as long as eight weeks to start the school year, as previously laid out by the TEA. Districts would have the option to begin virtual classes for four weeks, with an additional four-week period if approved by that school’s board of trustees.

Dallas ISD Superintendent Michael Hinojosa, who took part in the call, said he didn’t know if he agreed with Morath’s assessment, given that Paxton’s letter wasn’t binding. DISD wouldn’t be impacted as much as other districts, he said, because of last week’s decision to move its first day of school back to Sept. 8.

“For other schools who didn’t do that, their clock starts immediately while still under the county’s orders,” he said.

Whether public and non-secular schools will alter their schedules based on Paxton’s guidance and the TEA change remains to be seen.

Eagle Mountain-Saginaw ISD — a 20,000-student district in Northwest Tarrant County — posted on social media Tuesday afternoon that it was “preparing to send out information to our families and staff this afternoon” regarding Paxton’s letter.

The Texas State Teachers Association issued a press release not long after Paxton’s guidance was released, stating that districts should follow local health authorities on closures, not the Attorney General.

“Gov. Greg Abbott so far has yielded to the expert advice of health authorities charged with protecting lives and public safety,” said TSTA president Ovidia Molina. “Now, Paxton is sending a conflicting message to our school districts, students, parents and employees. This raises more questions about reopening schools safely instead of providing real guidance from state leaders.”