(1) The following burdens of proof apply to administrative or judicial hearings or other actions regarding this part:(1) Questions regarding compliance with any law, rule, policy, guideline, or standard of this state, a local government, or an LEA, and questions regarding any other action taken with regard to this part, are judicial questions that must be determined without regard to any assertion of compliance or noncompliance with this part; and(2) The state, a local government, or an LEA that adopted the law, rule, policy, guideline, or standard, or that took an action with regard to a learning pod, including the parents and students participating in a learning pod, is required to establish by clear and convincing evidence that the law, rule, policy, guideline, standard, or action:(A) Does not unduly impede the freedom of parents or guardians to provide care for, and supervision of, their children;(B) Does not single out educational activities while similar gatherings of children for recreational or social activities remain unregulated;(C) Is narrowly tailored to protect the public health and safety; and(D) Does not otherwise conflict with the requirements of this part.
(1) Questions regarding compliance with any law, rule, policy, guideline, or standard of this state, a local government, or an LEA, and questions regarding any other action taken with regard to this part, are judicial questions that must be determined without regard to any assertion of compliance or noncompliance with this part; and
(2) The state, a local government, or an LEA that adopted the law, rule, policy, guideline, or standard, or that took an action with regard to a learning pod, including the parents and students participating in a learning pod, is required to establish by clear and convincing evidence that the law, rule, policy, guideline, standard, or action:(A) Does not unduly impede the freedom of parents or guardians to provide care for, and supervision of, their children;(B) Does not single out educational activities while similar gatherings of children for recreational or social activities remain unregulated;(C) Is narrowly tailored to protect the public health and safety; and(D) Does not otherwise conflict with the requirements of this part.
(A) Does not unduly impede the freedom of parents or guardians to provide care for, and supervision of, their children;
(B) Does not single out educational activities while similar gatherings of children for recreational or social activities remain unregulated;
(C) Is narrowly tailored to protect the public health and safety; and
(D) Does not otherwise conflict with the requirements of this part.