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Texas AG expected to drop mask mandate lawsuit against Midway ISD

The school district and attorney general's office reached an agreement and filed a joint motion to dismiss. The dismissal is final, pending a judge's signature.

WACO, Texas — Midway ISD will soon no longer be one of four area school districts being sued by Texas Attorney General Ken Paxton for allegedly implementing a mask mandate.

The attorney general's office and the Central Texas school district reached an agreement and filed a joint motion to dismiss without prejudice, the AG's office told 6 News in an email. However, the dismissal is not official as a judge has yet to sign the motion as of Monday afternoon.

According to the motion, the school district said it would not "maintain, institute or enforce a face covering requirement" until the Texas Supreme Court rules school districts can do so despite an executive order or Gov. Greg Abbott rescinds executive order GA-38, which prohibits such mandates.

Midway ISD previously released a statement saying it had not been enforcing a mask mandate after initially receiving word about the suit.

A spokesperson for the district previously told 6 News the district had simply asked students and staff at River Valley Intermediate to wear face coverings for two weeks after Labor Day due to an increase in COVID-19 cases.

The school district said it was not a mandate, but a "directive" and they did not punish students for not wearing a face covering. 

Other local districts named in the original lawsuit include La Vega ISD, McGregor ISD and Waco ISD. The attorney general's list of government entities unlawfully implementing mask mandates no longer included Midway ISD as of Monday afternoon. 

More on the lawsuit: