BUTLER (KDKA) – The Butler Area School District believes that Governor Tom Wolf was using powers he does not have when it came to making decisions for Pennsylvania schools.

Later on Wednesday mornings, oral arguments will begin in the case the district, along with the school board, against Gov. Wolf.

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Near the end of 2020, the district filed suit against Gov. Wolf and the secretaries of health and education.

The suit was over a state order in November for counties with substantial COVID-19 spread.

They were to sign an order, and if they refused, they had to switch to remote-only learning.

The district believes Gov. Wolf was overstepping.

In fact, in the suit, it says state leaders took power away from the district, its school board, and parents. Alleging the governor does not have the authority to do that.

“That power is given to the people of the communities of Pennsylvania and that power is attempted to be taken away by the governor, the health secretary, and the secretary of education,” said Thomas King III, the Butler Area School District Solicitor. “You can’t use the COVID epidemic as means by which to gain control.”

Last fall, when KDKA reached out to the Pennsylvania Department of Health, they said they cannot comment on ongoing litigation.

Oral arguments are expected to begin around 9:30 a.m. on Wednesday morning.