TOPEKA, Kan. (AP) Local school boards in Kansas are allowed to reopen elementary, middle and high schools in mid-August as they normally would, despite a surge in coronavirus cases in the state.

The State Board of Education voted 5-5 and rejected Governor Laura Kelly’s plan to postpone the start of fall classes for three weeks, until Sept. 9. The board’s action leaves decisions about when to reopen to the state’s 286 local school boards. Schools do not have to reopen in August, and can choose a later date if they feel it is appropriate.

Governor Kelly had said she would issue an executive order to keep schools from opening in August, to give educators more time to prepare.  After a lawsuit and backlash from limiting church service, a new state law says many of Kelly’s orders now have to be approved by outside bodies before taking effect. This is the case for any order closing schools, in which case the state board has the final say.

The governor issued a statement shortly after the board vote:

“The cases of COVID-19 in Kansas are at an all-time high and continue to rise. Our decisions must be informed by public health experts not politics. This vote puts our students, faculty, their families and our economy at risk.

“I will continue to work with our school districts to ensure the safety and wellbeing of our children and ask every school district to delay the start of school.”

Kansas senate president Susan Wagle of Wichita issued a statement thanking board members for their action:

“Our state is extremely diverse, and I will continue to advocate for local control rather than a one-size-fits-all mandate by one sole leader. The democratic process and engagement from many Kansans prevailed today, and local leaders and health experts will make decisions about school closures from here forward, exactly how it should have been all along.”