Montgomery County’s Health Officer Travis Gayles, an unelected official granted authority by Hogan’s past emergency declarations, on late Friday night had issued an order barring non-public schools from holding in-person instruction. Gayles had waved away state and federal guidance in his decision, and refused to even consider the extensive plans many schools had made to make reopening safe.

Gayles’ decision triggered a wave of anger among parents and school leaders. Hogan, who has generally granted counties leeway in handling virus response, decided Gayles’ action was an overreach.

“Private and parochial schools deserve the same opportunity and flexibility to make reopening decisions based on public health guidelines,” Hogan said. “The blanket closure mandate imposed by Montgomery County was overly broad and inconsistent with the powers intended to be delegated to the county health officer.”