Legal Entanglements Complicate School Masking, Vaccine Rules
Arkansas' Supreme Court said the state wasn't allowed to enforce a school mask mandate ban, but in New York City teachers have gone to the U.S. Supreme Court to block a vaccine mandate for staff. Meanwhile in Michigan, health departments rescinded school mask rules over budget cut threats.
AP:
Arkansas Court: State Can't Enforce Ban On Mask Mandates
The Arkansas Supreme Court on Thursday said it wouldn’t allow the state to enforce its ban on mask mandates by schools and other government bodies, while lawmakers clashed over efforts to prohibit businesses from requiring employees get the COVID-19 vaccine. In a one-page order, justices denied the request by the state to stay the August decision blocking enforcement of Arkansas’ mandate ban. More than 100 school districts and charter schools have approved mask requirements since the ruling against the law. The requirements cover more than half the state’s public school students. (DeMillo, 10/1)
AP:
Teachers Turn To US Supreme Court Over NYC Vaccine Mandate
A group of teachers asked the U.S. Supreme Court on Thursday for an emergency injunction blocking implementation of New York City’s COVID-19 vaccine mandate for public schools staff. The city has given its roughly 148,000 school employees until 5 p.m. Friday to get at least their first vaccine shot, or face suspension without pay when schools open on Monday. (9/30)
In other school news on mask and vaccine mandates —
AP:
Health Agencies Rescind Mask Orders Despite Governor's Vow
Two more local health department in Michigan rescinded their school masking requirement Thursday despite Democratic Gov. Gretchen Whitmer saying she will not enforce Republican-written budget provisions that threaten funding for counties with COVID-19 orders. The moves by Allegan County south of Grand Rapids and the Barry-Eaton District west of Lansing came a day after Berrien County in the state’s southwestern corner repealed a face covering mandate. The health department for Dickinson and Iron counties in the Upper Peninsula acted last week. (Eggert, 10/1)
The Boston Globe:
Massachusetts Faces Legal Challenges To Universal Mask Mandates In Public Schools
Massachusetts education leaders are facing multiple legal challenges to the statewide indoor mask mandate for public schools, which was extended earlier this week until at least Nov. 1. At least six lawsuits have been filed across the state, naming either the Department of Elementary and Secondary Education or Commissioner Jeffrey Riley as a defendant. Some of the cases also name various public school districts, including Andover, Cambridge, Dover-Sherborn, and many others. Colleen Quinn, a spokeswoman for the state’s education agency, declined to comment on the lawsuits due to the pending proceedings, but said there will be a motion considered in Hampden County next week to consolidate the cases. (Gans, 9/30)
AP:
Iowa School District Begins Own COVID-19 Testing Program
Iowa’s largest public school system will offer drive-through COVID-19 tests starting next week, in an effort to counter rising virus infections since the governor discontinued a statewide testing program. Des Moines Public Schools officials said Thursday that they have entered an agreement with Nomi Health to offer testing from Monday at two city locations. It’s the same Utah-based company that the state contracted with in April 2020 to provide Test Iowa services — widely available free tests at accessible drive-through locations. (Pitt, 9/30)
USA Today:
Lack Of COVID Tests Could Jeopardize School Safety
Senators on both sides of the aisle on Thursday grilled Health and Human Services Secretary Xavier Becerra and Education Secretary Miguel Cardona about the lack of available and affordable rapid COVID-19 testing options, pointing to testing as key to keeping students and staff safe in schools during the pandemic. "It’s not true that there’s an adequate supply of affordable tests," Sen. Tim Kaine, D-Va., said at a Health, Education, Labor and Pensions Committee meeting. The cheapest over-the-counter rapid COVID-19 tests in the U.S. go for $12 for a two-pack, Kaine said. "In Germany, you can get a rapid COVID test at the grocery store for less than $1," he said. (Hayes, Bacon and Hauck, 9/30)
In higher-education news —
AP:
More Than 1,000 UMaine Students Must Comply With Shot Rules
More than 1,000 University of Maine System students must come into compliance with the system’s vaccination and testing requirements this month or they will be withdrawn from courses without a refund. The system said Thursday it is reaching the end of its campaign to bring students into compliance with the rules. Students have until Oct. 15 to verify their vaccinated status or receive an exemption that requires weekly testing, the system said. (10/1)
Reuters:
U.S. Judge Upholds COVID-19 Vaccine Requirement For Those With 'Natural Immunity'
A U.S. judge upheld the University of California's COVID-19 vaccine requirement against a challenge by a professor who alleged he had immunity due to a prior coronavirus infection, in what appears to be the first ruling on the issue. U.S. District Court Judge James Selna in Santa Ana, California, said the university system acted rationally to protect public health by mandating the vaccine and not exempting individuals with some level of immunity from an infection. (Hals, 9/30)
