Lincoln County Health Department

School Face Covering Order Regarding COVID-19

Effective: October 5, 2021 at 12:01am to October 30, 2021 at 11:59pm

This School Face Covering Order Regarding COVID-19 is made by the Lincoln County Health
Department Board pursuant to the authorities granted under the Missouri Revised Statutes.

NOW, THEREFORE BE IT ORDERED BY THE BOARD OF TRUSTEES FOR THE

LINCOLN COUNTY HEALTH DEPARTMENT, AS FOLLOWS:

I. Authority, Background, and Purpose: The County Health Department Board hereby
finds, and states as follows regarding its authority, background to make this Order and its
purpose is as follows:
a. COVID-19 is considered an infectious, contagious, communicable, and dangerous
disease for purposes of RSMo Sections 192.020-1 and 192.139, 19 CSR 20-20.020, and
other state and local laws.
b. RSMo Section 192.300 provides “…the county health center boards of the several
counties may make and promulgate orders, ordinances, rules or regulations, respectively
as will tend to enhance the public health and to prevent the entrance of infectious,
contagious, communicable or dangerous diseases into such county…”
c. Under RSMo Section 192.300 the orders, ordinances, rules, or regulations shall not
“…be in conflict with any rules and regulations authorized and made by the department
of health and senior services…” in accordance with Chapter 192, or with the department
of social services under Chapter 198.
d. Further under RSMo Section 192.300 provides that the orders, ordinances, rules, or
regulations shall not “…impose standards or requirements on an agricultural
operation…”
e. This Order is not in conflict with the rules and regulations authorized and made by the
Department of Health and Senior Services, in accordance with Chapter 192, and it is not
in conflict with the rules and regulations authorized and made by the department of
social services under chapter 198. Further this Order does not impose standards or
requirements on an agricultural operation and its appurtenances.
f. RSMo Section 192.300 provides that: “Any orders, ordinances, rules, or regulations made
and promulgated under the authority in this section shall comply with the provisions of
section 67.265.”
g. This Order is an “order” 1 defined under RSMo Section 67.265.
h. The Governor of the State of Missouri, on August 27, 2021, has ended the State of
Emergency declared in Executive Order 20-02, as extended by numerous Executive
Orders, but has declared that a State of Emergency exists in the State’s healthcare system
and the State’s recovery efforts from the COVID-19 public health threat. 2
i. RSMo Section 67.265 puts restrictions upon orders issued relating to States of
Emergency and for orders issued at any other time. RSMo Section 67.265 provides

1 “Order” shall mean a public health order, ordinance, rule, or regulation issued by a political subdivision, including by a
public health officer, local public health agency, public health authority, or the political subdivision’s executive, as such
term is defined in section 67.750, in response to an actual or perceived threat to public health for the purpose of
preventing the spread of a contagious disease.” RSMo Section 67.265
2 Executive Order, EO 21-09.

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 restrictions on: “…any order of general applicability issued at a time other than an
emergency declared pursuant to Chapter 44 that directly or indirectly closes an entire
classification of business organizations, churches, schools, or other places of public or
private gathering or assembly…”
j. This Order does not directly or indirectly close an entire classification of business
organizations, churches, schools, or other places of public or private gathering or
assembly.
k. This Order does not directly or indirectly seek to prohibit or otherwise limit attendance
at public or private gatherings or assembly.
l. This Order does not directly or indirectly require any school to restrict, limit, or
otherwise refuse access to any individual.
m. This Order’s purpose is to regulate the conduct of individuals who are attending school
when they are in an indoor or enclosed public building or space or public-school bus.
n. COVID-19 cases have been increasing nationally since mid-June 2021 and are driven by
the Delta variant of the SARS-CoV-2. 3
o. The Delta variant is highly transmittable and the school setting provides a mixing of
vaccinated and unvaccinated people in schools (i.e. children under the age of 12 who are
not currently eligible for vaccination and the low levels of vaccination by youth ages 12-
17). 4
p. “Due to the circulating and highly contagious Delta variant, CDC recommends universal
indoor masking by all students (age 2 and older), staff, teachers, and visitors to K-12
schools, regardless of vaccination status.” 5
q. Lincoln County, Missouri has maintained a COVID-19 positivity rate and case rate per
100,000 persons above ten percent (10%) and above one hundred (100), respectively,
since July 15, 2021. 6
r. Lincoln County Missouri is considered a “Hotspot” by the Department of Health and
Senior Services. 7
s. As of September 22, 2021, thirty-five-point eight percent (35.8%) of the total population
have completed vaccination and only nineteen point one percent (19.1%) of the age 12-
17 population have completed vaccination.
t. The Centers for Disease Control COVID-19 Indicators show that Lincoln County,
Missouri has a high rate of transmission of the COVID-19 virus.
u. As of September 24, 2021, forty-one percent (41%) of the active COVID-19 cases in
Lincoln County are in ages 0-18. In Lincoln County, Missouri the 0-18 age group makes
up 27% of the population.
v. Evidence of masking by children in the school setting in Lincoln County has shown a
reduction of quarantine for school age children in the school setting. 8
w. It has been reported that pediatric COVID-19 cases are lower in counties with school
mask requirements compared to counties without school mask requirements. 9

3 Centers for Disease Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/community/schools-

childcare/k-12-guidance.html (accessed September 27, 2021)
4 Id.
5 Id.
6 Centers for Disease Control and Prevention, CDC COVID Data Tracker
7 https://health.mo.gov/living/healthcondiseases/communicable/novel-coronavirus/pdf/hotspot-advisory-

20210908.pdf (accessed September 27, 2021)

8 Elsberry School District.
9 https://www.cdc.gov/mmwr/volumes/70/wr/mm7039e3.htm?s_cid=mm7039e3_w (accessed September 27, 2021)

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 x. RSMo Section 205.050 provides that the public health center was established,
maintained, and operated for the improvement of health of all inhabitants of Lincoln
County.
y. School access is important to the health of children of Lincoln County for a multitude of
reasons including access to meal services, health related services, and educational
services.
z. This Order’s purpose is to provide a least restrictive effective measure that will promote
the public health and facilitate continued access to schools for children during the
ongoing COVID-19 public health threat.
II. Order Regarding Face Covering In Schools
a. Face Coverings are required to be properly worn by all individuals ages five (5) and older
while in indoor and enclosed school buildings and spaces and on any public-school bus
in Lincoln County, Missouri.
b. Face Coverings are recommended for all individuals ages five (5) and older in indoor
private settings and crowded outdoor settings where there is close contact with
individuals with other people who may or may not be fully vaccinated.
c. Face Coverings are not required to be worn, while in indoor and enclosed school
buildings and spaces and on any public-school bus in Lincoln County, Missouri, by:
i. Children under the age of two (2);
ii. Children from age two (2) up to age five (5), however children between such ages
are strongly encouraged to wear a Face Covering while under the direct
supervision of an adult;
iii. Individuals with health conditions that prohibit wearing a Face Covering;
iv. Individuals who have trouble breathing, or are unconscious, incapacitated, or
otherwise unable to remove the Face Covering without assistance;
v. Individuals who are deaf or hard of hearing, or someone who is communicating
with a person who is deaf or hard of hearing, where the ability to see the mouth
is essential for communication;
vi. Individuals who are alone in separate rooms, offices, or interior spaces;
vii. Individuals who are consuming food or drink; and
viii. Individuals who are obtaining a service or examination, including religious
services, which involve the nose, mouth, or face for which the temporary
removal of the Face Covering is necessary to perform the service.
d. Definitions:
i. “Face Covering” shall mean a device, usually made of cloth, that covers both the
nose and mouth of an individual.
ii. “Indoor and enclosed school building and space” shall mean all indoor and
enclosed public spaces which are operated for educational purposes for children
ages 5-18, and shall not include private dwellings where children are home-
schooled.
iii. “Public-school bus” shall mean public transportation vessels and shall not
include private transportation vessels.
III. Medical Conditions
Nothing in this Order shall require the use of a Face Covering by any individual for whom
doing so would be contrary to their health or safety because of a medical condition.
IV. Distribution of Order
Pursuant to RSMo Section 192.300, the County Health Board declares that this Order is to
be printed and available for distribution to the public in the Office of the County Clerk, and

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 further that a copy of this Order be published in the Lincoln County Journal for three (3)
successive weeks, not later than thirty (30) days after the entry of this Order.
V. Application
This Order shall not supplant, supersede, replace, rescind, amend or modify any other
orders, law, ordinances, rule, regulation, permit condition, or requirement which are in place
pursuant to the County Health Department Board. This Order shall be construed and
applied only to the extent allowed by the Constitution of the United States of America, the
Missouri State Constitution, and all other applicable laws and regulations.
VI. Savings Clause
Should any provision of this Order, or its application thereof, be held to be invalid, then the
remainder of this Order shall not be affected and shall continue to be in full force and effect,
as the provisions of this Order are severable.
VII. Effective Date
This Order shall become effective October 5, 2021 at 12:01am and shall remain in effect
until October 30, 2021 at 11:59pm.

Passed and approved by the Board of Trustees this 1st day of October, 2021.

ATTEST:

__________________________________ __________________________________
James D. Burlison, Brett Siefert, Administrator
Chairman of the Board of Lincoln County Lincoln County Health Department
Health Department Lincoln County, Missouri
Lincoln County, Missouri