Education officials in NSW are facing a legal challenge over the decision to return students to classrooms this week despite the continuing Omicron wave sweeping the state.

Four million Australian children will return to school over the next few weeks under strict public health rules, including twice-weekly rapid antigen tests in NSW and Victoria.

But a group of parents and teachers, calling themselves Covid Safe Schools, is threatening to take the NSW Department of Education to court to allow parents to keep their kids home when school restarts on 28 January. 

The group — which has the backing of former AMA president Dr Kerryn Phelps — has written to the NSW Ombudsman accusing the state government of “maladministration” over its return-to-school plan.