DOCUMENT 27

ELECTRONICALLY FILED
9/14/2021 5:00 PM
01-CV-2021-902513.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
JACQUELINE ANDERSON SMITH, CLERK
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

Adam Waldrop, )
Plaintiff, )
)
v. ) Case No.: 01-cv-2021-902513.00
)
Jefferson County Board of Education, )
)
Defendant. )
)

DEFENDANT JEFFERSON COUNTY BOARD OF EDUCATION’S

MOTION IN OPPOSITION TO PLAINTIFF’S APPLICATION FOR
TEMPORARY RESTRAINING ORDER
_____________

The Jefferson County Board of Education (“Board”) respectfully moves this Honorable

Court for an opportunity to be heard in opposition to Plaintiff’s Application for Temporary

Restraining Order. As grounds in support of its motion, the Board states as follows:

I. Plaintiff has failed to comply with Rule 65

In his brief in support of his application, Plaintiff quotes from Ala.R.Civ.P. Rule 65(b),

which governs temporary restraining orders. However, plaintiff merely concludes that he has

complied with the Rule, but fails to actually demonstrate compliance. He has not shown that (1)

“immediate and irreparable injury, loss, or damage will result to the applicant before the adverse

party or that party’s attorney can be heard in opposition.” Ala.R.Civ.P. Rule 65(b)(1). For example,

plaintiff asserts that his son is prohibited from attending school unless he wears a mask; plaintiff

fails to allege irreparable injury to himself, as is required by the Rule.

The Rule further requires, “the applicant’s attorney certifies to the court in writing the

efforts, if any, which have been made to give the notice and the reasons supporting the claim that

notice should not be required.” Ala.R.Civ.P. Rule 65(b)(2). No such showing has been made in

this matter.
 DOCUMENT 27

II. Plaintiff fails to satisfy the elements for issuance of a temporary restraining
order.

The elements a plaintiff must satisfy for a temporary restraining order to be issued are the

same as for a preliminary injunction. Lott v. Eastern Shore Christian Center, 908 So.2d 922, 927

(Ala. 2005). “[T]he grant of a preliminary injunction is an extraordinary remedy,” Petroleum

Equip. Tool Co. v. State Bd. of Health, 567 So.2d 328, 330 (Ala.Civ.App. 1990), and should be

issued “only when the party seeking the injunction demonstrates the following four elements: (1)

that without the injunction the plaintiff will suffer immediate and irreparable injury; (2) that the

plaintiff has no adequate remedy at law; (3) that the plaintiff is likely to succeed on the merits of

the case; and (4) that the hardship imposed upon the defendant by the injunction would not

unreasonably outweigh the benefit to the plaintiff.” White v. John, 164 So.2d 1106, 1116-17 (Ala.

2014) (quoting Barber v. Cornerstone Cmty. Outreach, Inc., 42 So.3d 65, 78 (Ala. 2009) (internal

quotations omitted). Plaintiff has not satisfied his burden on any element.

• As set forth above, plaintiff has only (repeatedly) alleged irreparable harm and

concluded that he has suffered it, but he has failed to offer any facts in support of

his allegation. He asserts that he is being “forced” to “commit a crime” by making

his son comply with the Board’s facial covering requirement, but his “assertion” is

nothing more than a legal conclusion that such a requirement is tantamount to

criminal child abuse, and is unsupported by any facts.

• Plaintiff has likewise merely alleged and then concluded (based on his own

allegation) that he has no adequate remedy at law.

• Plaintiff avers that the Board is making medical decisions or implementing

“medical countermeasures” through the implementation of the facial covering

requirement, and asserts that the Board lacks authority for these measures.
 DOCUMENT 27

However, the Board is vested with the “general administration and supervision of

schools” and with the power to “exercise control and supervision over the public

school system of the county … and to seek in every way to promote the interests of

the schools under its jurisdiction.” Ala. Code §§ 16-8-8; 16-8-9 (1976). Further, the

Board has relied on sound guidance from the Centers for Disease Control (“CDC”),

the Alabama Department of Public Health (ADPH), and the Jefferson County

Department of Health (JCDH) in implementing its facial covering requirement after

giving schools, students and parents the option of wearing face masks for the first

two weeks of school, until the COVID-19 positivity rates increased across the

school system. (Ex. A)1

• The Circuit Court of Jefferson County has already ruled in a remarkably similar

case against the Homewood City Board of Education that facial coverings are not

irreparably harmful. In denying that plaintiff’s Application for Temporary

Restraining Order, the Court held that enjoining a school system’s mask

requirement would place a greater burden on the Board and the public that

outweighs the benefit of a plaintiff’s preference to attend in-person learning without

a facial covering. See Order of Judge Carole C. Smitherman, August 12, 2021.

III. Plaintiff’s claims are barred by sovereign immunity.

Plaintiff’s application and claims are barred by sovereign immunity because they are

brought against the Board, which is a local agency of the State of Alabama cloaked in sovereign

immunity. See Ex parte Hale County Bd. of Educ., 14 So.3d 844, 848-849 (Ala. 2009). Article I,

§14 of the Constitution of Alabama states “[t]hat the State of Alabama shall never be made a

1
This reasoning is further based on near constant media reports that masks are effective in preventing the spread of
COVID 19. Exhibit A is a collective exhibit of some of the documentation upon which the Board relied.
 DOCUMENT 27

defendant in any court of law or equity.” ALA. CONST., ART. I, §14 (1901). Because the Alabama

Constitution grants to the Board sovereign immunity, the Court is without subject matter

jurisdiction to consider plaintiffs’ claims against it on the merits. See Ex parte Hale County Bd. of

Educ., 14 So.3d 844, 849 (Ala. 2009).

In Ex parte Hale County Bd. of Educ., the Alabama Supreme Court held that public boards

of education in the State of Alabama are entitled to “absolute immunity from suit under §14, Ala.

Const. 1901.” Id., at 849. In granting the county board’s petition for writ of mandamus, the

Supreme Court determined that:

“For purposes of § 14 immunity, county boards of education are considered

agencies of the State. Louviere v. Mobile County Bd. of Educ., 670 So.2d 873, 877
(Ala. 1995) (‘County boards of education, as local agencies of the State, enjoy [§
14] immunity.’) Thus, this Court has held that county boards of education are
immune from tort actions. See Brown v. Covington County Bd. of Educ., 524 So.2d
623, 625 (Ala. 1988); Hutt v. Etowah County Bd. of Educ., 454 So.2d 973, 974
(Ala. 1984).

Ex parte Jackson County Bd. of Educ., 4. So.3d 1099, 1102-03 (Ala. 2008).

Because county boards of education are local agencies of the State, they are clothed
in constitutional immunity from suit, and we overrule Sims and Kimmons, 204 Ala.
at 387, 85 So. at 777 (“The county board of education is given the right to sue, and
the implied right to be sued. . .”), to the extent that they and their progeny impose
an implied “right to be sued” on county boards of education.

Ex parte Hale County Bd. of Educ., at 848-849. The Court’s holding makes clear the Board’s legal

right to absolute immunity under § 14.

The Alabama Supreme Court recently reexamined its rationale and holding in Ex parte

Hale County when it granted the Jefferson County Board’s petition for mandamus in Ex parte

Jefferson County Board of Education, 2021 WL 4022664 (Sept. 3, 2021). In that case, the plaintiff

argued that the Court was “misguided” in its reading of the precedent established in Ex parte Hale
 DOCUMENT 27

County Board of Education,2 “‘disagree[d] … with the current precedent,’ ‘strongly urge[d] [the

Supreme Court] to reassess that precedent,’” and specifically asked the Court to overrule Ex parte

Hale County Board of Education.3 The Supreme Court rejected that invitation: “When the fact that

county boards of education are agencies of the State is considered in the context of § 14, as it was

in Hale, it becomes evident that such boards are entitled to State immunity.” Ex parte Jefferson

County Board of Education, at *4. See also Alabama Dep’t of Corrections v. Montgomery County

Commission, 11 So.3d 189, 191 (Ala. 2008) (“as regards the State of Alabama and its agencies,

the wall [of immunity] is absolutely impregnable”) citing Ex parte Alabama Dep’t of Human Res.,

999 So.2d 891, 895 (Ala. 2008) (original emphasis). “‘Absolute immunity’ means just that - the

State and its agencies are not subject to suit under any theory.” Id. Accordingly, this Court does

not have subject matter jurisdiction over plaintiffs’ claims, and must dismiss the action. See Id.,

at 191-192 (“The jurisdictional bar of §14 simply precludes a court from exercising subject matter

jurisdiction over the State or a State agency”); see also Ex parte Alabama Dep’t of Transportation,

6 So.3d 1126, 1127 (Ala. 2008) (“An action contrary to the State’s immunity is an action over

which the courts of this State lack subject matter jurisdiction”) quoting Ex parte Alabama Dep’t

of Transportation, 978 So.2d 17, 21 (Ala. 2007); Ex parte Jackson County Bd. of Educ., 164 So.3d

532, 536 (Ala. 2014) (The Board established entitlement to sovereign immunity and the lack of

the trial court’s subject matter jurisdiction; therefore, “the action must be dismissed.”).

Further, it is not merely claims against the Board that must be dismissed, but the entire

action.

“It is well established that the State and its agencies have absolute immunity from
suit, not simply immunity from certain claims. That is the plain meaning of § 14

2
14 So.3d 844 (Ala. 2009).
3
Ex parte Jefferson County Board of Education, at *2, *4.
 DOCUMENT 27

(‘the State of Alabama shall never be made a defendant in any court’). See also
Mitchell v. Davis, 598 So.2d 801, 806 (Ala. 1992) (‘The State and its agencies have
absolute immunity from suit in any court under [§14])… For actions against the
State or one of its agencies, there are no exceptions…”

Alabama Dep’t of Corr. V. Montgomery County Comm’n, 11 So.3d 189, 194 (Ala. 2008)

(emphasis added).

III. Plaintiff’s Declaratory Judgment petition does not save the Complaint.

Plaintiff only names the state agency (the Board) as the Defendant, and in Count Two,

petitions for a declaratory judgment, presumably pursuant to Ala. Code §6-6-220. Generally, there

are six categories of actions that are not barred by § 14, “one of which is ‘actions brought against

State officials under the Declaratory Judgments Act, Ala. Code 1975, § 6-6-220 et seq., seeking

construction of a statute and its application in a given situation.” Ala. Dep’t of Conservation and

Natural Res. v. Keller, 227 So.3d 1199, 1200 (Ala. 2017) (emphasis added) quoting Ex parte Ala.

Dep’t of Finance, 991 So.2d 1254, 1257 (Ala. 2008). However, those so called “exceptions” “apply

only to actions brought against State officials; they do not apply to actions against the State or

against State agencies.” Id. (original emphasis). That is because “under § 14, State agencies [such

as the Board] are ‘absolutely immune from suit.’” Id., quoting Lyons v. River Road Constr. Inc.,

858 So.2d 257, 261 (Ala. 2003).” See also Ala. Dep’t of Transp. v. Harbert Int’l, Inc., 900 So.2d

831, 839 (Ala. 2008) (also a declaratory judgment action) (“only State officers named in their

official capacity—and not State agencies—may be defendants in such proceedings.”).

Further, while the Plaintiff characterizes Count Two as a petition for declaratory judgment,

he does not seek construction of a statute (although he cites to several statutory definitions and

regulations without any application to facts or legal analysis whatsoever). He instead prays for an

order “declaring” the Board is violating the various laws he has enumerated, and seeks attorney

fees and costs. (Complaint, last page, ¶ (g) of the Prayer for Relief). If awarded, such amount
 DOCUMENT 27

would impact the State treasury and is prohibited by sovereign immunity on that basis as well. See

Ex parte Alabama Dep’t of Mental Health & Mental Retardation, 937 So.2d 1018, 1023 (Ala.

2006) (“Sovereign immunity bars claims against State agencies on the rationale that a damages

award against a State agency would result in a monetary loss to the State treasury.”); Lyons v.

River Road Const., Inc., 858 So. 2d 257, 262 (Ala. 2003) (noting that a party could not bring an

action against a State official, because “[s]uch an action impermissibly seeks funds from the State

treasury”); Armory Comm’n of Alabama v. Staudt, 388 So. 2d 991, 993-94 (Ala. 1980) (stating

that an action against the Armory Commission of Alabama was barred by §14 because a judgment

against it “would adversely affect the state treasury”).

“[A]n action contrary to the State’s immunity is an action over which the courts of this

State lack subject-matter jurisdiction.” Central Ala. Comm. College v. Robinson, 53 So.3d 917,

919 (Ala.Civ.App. 2009) quoting Ex parte Ala. Dep’t of Transp., 978 So.2d 17, 21 (Ala. 2007)

quoting Larkins v. Dep’t of Mental Hlth & Mental Retardation, 806 So.2d 358, 363 (Ala. 2001).

A complaint, as the one at bar, “filed solely against the State or one of its agencies is a nullity and

is void ab initio”, and “[a]ny action taken by a court without subject-matter jurisdiction—other

than dismissing the action—is void.” Id., at 920 (internal citations omitted).

Because the Board, as an agency of the State, has demonstrated a clear legal right to

sovereign immunity under § 14 of the Constitution of Alabama, the entire Complaint must be

dismissed.

WHEREFORE, PREMISES CONSIDERED, Defendant Jefferson County Board of

Education respectfully prays that this Court deny the application for temporary restraining order,

deny the petition for preliminary injunction, and dismiss, in its entirety, Plaintiff’s cause of action

against the Board, with prejudice, with all costs taxed to Plaintiff.
 DOCUMENT 27

Respectfully submitted this 14th day of September, 2021.

BISHOP, COLVIN, JOHNSON & KENT

1910 First Avenue North
Birmingham, AL 35203
(205) 251-2881
carljohnson@bishopcolvin.com
sksmith@bishopcolvin.com
s/ Samantha K. Smith
Carl Johnson (JOH015)
Samantha K. Smith (SMI283)

Attorneys for Jefferson County Board of Education

 DOCUMENT 27

CERTIFICATE OF SERVICE

I hereby certify that I have filed a copy of the foregoing upon counsel of record by filing
same using the Alafile filing system which will serve all counsel of record on this 14th day of
September, 2021.

s/ Samantha K. Smith
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36
ELECTRONICALLY FILED
8/12/2021 8:01 PM
01-CV-2021-000161.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
JACQUELINE ANDERSON SMITH, CLERK

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

BIRMINGHAM DIVISION

VANN DUSTIN, )
SMITH SHELLY WHITLOCK, )
Plaintiffs, )
)
V. ) Case No.: CV-2021-000161.00
)
HOMEWOOD BOARD OF
)
EDUCATION,
Defendant. )

Order on Plaintiffs' Application for Temporary Restraining Order and

Preliminary Injunction

Before the Court is Plaintiffs’ Application for Temporary Restraining Order

and Preliminary Injunction filed against the Homewood City Schools Board of

Education (the “Board”) on August 10, 2021 pursuant to Rule 65 of the Alabama

Rules of Civil Procedure. A hearing was held on August 11, 2021, where all

parties were represented and made oral argument. After due consideration of the

parties’ oral arguments and written submissions, the Court denies Plaintiffs’

Application.

On July 30, 2021, the Alabama Department of Public Health (“ADPH”)

issued Back to School Guidance 2021-2022. (“ADPH Guidance”). This guidance

contains the most recent recommendations from the Centers for Disease Control

and Prevention (“CDC”) related to COVID-19 and set forth that universal masking
 DOCUMENT 27
36

is among the “best CDC strategies for students to remain in the classroom, even if

exposed to a positive COVID-19 case.” The Jefferson County Department of

Health agreed. On August 10, 2021, on recommendation of the Superintendent, the

Board adopted a resolution approving the masking protocol.

The ADPH Guidance provides that “[u]nvaccinated individuals who are

identified as a close contact and do not meet the K-12 indoor classroom student

exemption criteria must quarantine.” The K-12 exemption criteria excludes from

the “close contact” definition any student within 3 to 6 feet of an infected student

where both students were engaged in consistent and correct use of well-fitting

masks; and other K–12 school prevention strategies (such as universal and correct

mask use, physical distancing, increased ventilation) were in place in the K–12

school setting.

Plaintiffs sought a temporary restraining order and preliminary injunction to

enjoin the Board from implementing the Protocol.

The elements for the issuance of a temporary restraining order and a

preliminary injunction are the same. Lott v. Eastern Shore Christian Center, 908

So. 2d 922, 927 (Ala. 2005). “[T]he grant of a preliminary injunction is an

extraordinary remedy,” Petroleum Equip. Tool Co. v. State Bd. of Health, 567 So.

2d 328, 330 (Ala. Civ. App. 1990), and should be issued “only when the party

seeking the injunction demonstrates the following four elements: (1) that without
 DOCUMENT 27
36

the injunction the plaintiff will suffer immediate and irreparable injury; (2) that the

plaintiff has no adequate remedy at law; (3) that the plaintiff is likely to succeed on

the merits of the case; and (4) that the hardship imposed upon the defendant by the

injunction would not unreasonably outweigh the benefit to the plaintiff.” White v.

John, 164 So. 3d 1106, 1116–17 (Ala. 2014) (quoting Barber v. Cornerstone Cmty.

Outreach, Inc., 42 So. 3d 65, 78 (Ala. 2009) (internal quotation marks omitted)).

Plaintiffs are not entitled to either a temporary restraining order or a

preliminary injunction because they have not met their burden of establishing the

four requisite elements.

First, Plaintiffs have not offered evidence to show that they will suffer

immediate and irreparable injury. Additionally, the evidence indicates that the

Plaintiffs may avoid the facial covering requirement by opting for the Board’s

virtual learning alternative.

Second, Plaintiffs have not offered facts or even argued that they have no

adequate remedy at law.

Third, the Court additionally finds that the Board has the statutory authority

to implement a facial covering requirement, see Ala. Code § 16-11-9, and it has

lawfully and appropriately done so based on the recommendations of the CDC, the

ADPH, and the JCDH. With this in mind, Plaintiffs have not established a

reasonable likelihood of success on the merits.

 DOCUMENT 27
36

Lastly, Plaintiffs have not established that injunctive relief in their favor

would outweigh the burden on the Board or that it would serve the public interest.

To the contrary, enjoining the requirement of facial coverings could result in an

increase of mandatory quarantines related to COVID-19 exposure, which would be

a greater burden on the Board and the public that outweighs the benefit of

Plaintiffs’ preference to attend in-person school without a facial covering.

Accordingly, Plaintiffs' Application for Temporary Restraining Order and

Preliminary Injunction is hereby denied.

DONE this 12th day of August, 2021.

/s/ CAROLE C. SMITHERMAN

CIRCUIT JUDGE
 DOCUMENT 27

Back to School Guidance

2021-2022
July 30, 2021
DOCUMENT 27
 DOCUMENT 27

K-12 BACK TO SCHOOL GUIDANCE 2021-2022

It is important to all Alabama Department of Public Health (ADPH) staff that children return to in class
learning. ADPH staff represent parents and grandparents, nurses and disease investigators, doctors,
epidemiologists, and health administrators --- all directly or indirectly touched by the Alabama education
system in some way.

ADPH K-12 Back to School Guidance 2021-2022 contains recommendations based on the current Centers
for Disease Control and Prevention (CDC) Back to School guidelines to ensure that school administrators and
school nurses have the best health guidance to mitigate the spread of COVID-19 and keep students and staff
safely in school.

The best CDC strategies for students to remain in the classroom, even if exposed to a positive COVID-19 case,
are the use of masks, spacing, and vaccinations. For those students too young for vaccinations, consistent
and correct mask use and three feet (six feet is better) of social distance in classrooms will help students to
remain in the classroom, and mitigate the further spread of the COVID-19 virus and prevent outbreaks.

Implementing universal masking, spacing, and vaccinations (when age-appropriate) recommendations

will allow more students to remain in school, more parents and grandparents to remain at work, and most
importantly prevent an outbreak in the school that could spread to the community at large.

Please consider adopting these CDC recommendations as you prepare and plan for students returning to
school during this evolving COVID pandemic.

3 ft

3 ft 3 ft

3 ft

Require masks and social distancing to open schools safely.

If these guidelines are followed, no quarantine is required when a student has been exposed.
1
 DOCUMENT 27

K-12 BACK TO SCHOOL GUIDANCE 2021-2022

The Centers for Disease Control and Prevention (CDC) updated its Guidance for COVID-19 Prevention in K-12
Schools on July 9: CDC Guidance for COVID-19 Prevention in K-12 Schools. The Alabama Department of
Health (ADPH) has adopted this guidance and issues these recommendations for schools to safely return to
in-person instruction for the 2021-2022 school year.

Local school systems, in collaboration with public health and community officials, and in conjunction
with state and federal laws, are responsible for implementing routine measures and restrictions deemed
necessary and prudent to address the impact and spread of COVID-19 for their buildings, facilities, and
grounds, including transportation.

During school transportation: CDC’s Order to wear masks while on public conveyances applies to all public
transportation including school buses. Regardless of the mask policy at school, passengers and drivers must
wear masks on school buses, including on buses operated by public and private school systems, subject to
the exclusions and exemptions in CDC’s Order. Learn more here.

COVID-19 is a reportable disease, COVID-19 is a reportable disease, and as such, falls under Alabama’s
Notifiable Disease laws under Code of Alabama Title 22, Chapter 11A and the Alabama Administrative Code
for Notifiable Diseases, Chapter 420-4-1.

Schools are required to report suspected and diagnosed COVID-19 cases, just as they are required to report
other communicable diseases in the school environment, such as chickenpox and measles. When COVID-19
cases are identified in or reported to a school, they must be reported to public health using the Online
COVID-19 Report Card. In addition, schools are required to report outbreaks of any kind, including outbreaks
of COVID-19. To report an outbreak, schools should use the online Communicable Disease Report Card.

K-12 School Responsibilities and Recommendations

Isolate and Report Suspected and Diagnosed Cases:
• Individuals who test positive for or are diagnosed with COVID-19 must stay home for 10 days
following the onset of symptoms or the positive test result, be 24 hours without fever or fever-
reducing medications, and experience symptom improvement before returning from isolation.
• School principals and nurses are mandatory reporters under Alabama’s Notifiable Disease law;
therefore, all suspected and diagnosed COVID-19 cases must be reported using the
Online COVID-19 Report Card (see Attachment D).
2
 DOCUMENT 27

K-12 BACK TO SCHOOL GUIDANCE 2021-2022

People with COVID-19 may experience mild, severe, or no symptoms. Symptoms may appear 2-14 days after
exposure to the virus. People with these symptoms may have COVID-19:
• Fever or chills • New loss of taste or smell
• Cough • Sore throat
• Shortness of breath or difficulty breathing • Congestion or runny nose
• Fatigue • Nausea or vomiting
• Muscle or body aches • Diarrhea
• Headache
Immediate emergency medical care is needed for the following symptoms:
• Trouble breathing
• Persistent pain or pressure in the chest
• New confusion
• Inability to wake or stay awake
• Pale, gray, or blue-colored skin, lips, or nail beds, depending on skin tone

Notify Close Contacts of Exposure: (Attachment F)

• School officials should notify individuals who are close contacts to a diagnosed COVID-19 case as
soon as possible. This exposure notification is necessary to prevent COVID-19 outbreaks in schools
(see Attachment F).
• The CDC definition of a close contact is someone who was within 6 feet of an infected person
(laboratory-confirmed or a clinically compatible illness) for a cumulative total of 15 minutes or
more over a 24-hour period (for example, three individual 5-minute exposures for a total of 15
minutes). An infected person can spread SARS-CoV-2 starting from 2 days before they have any
symptoms (or, for asymptomatic patients, 2 days before the positive specimen collection date), until
they meet the criteria for discontinuing home isolation.
• In the K–12 indoor classroom setting, the close contact definition excludes students who were
3 feet or more (but within 6 feet) of an infected student (laboratory-confirmed or a clinically
compatible illness) if:
• both students were engaged in the consistent and correct use of well-fitted masks; and
• other K–12 school prevention strategies (such as universal and correct mask use, physical
distancing, increased ventilation) were in place in the K–12 school setting.
3
 DOCUMENT 27

K-12 BACK TO SCHOOL GUIDANCE 2021-2022

Provide Recommendations and Information to Staff who are Close Contacts and to Parents and Guardians of
Students who are Close Contacts: (Attachment F)
• Asymptomatic vaccinated close contacts do not need to be sent home but should monitor for
symptoms, and isolate if symptoms develop. (Page 3)
• Asymptomatic close contacts who have tested positive for and recovered from COVID-19 in the prior
3 months do not need to be sent home unless they develop symptoms.
• Asymptomatic close contacts who meet the K-12 indoor classroom student exclusion noted in the
previous section do not need to be sent home unless they develop symptoms.
• Unvaccinated individuals who are identified as a close contact and do not meet the K-12 indoor
classroom student criteria above must be sent home. School officials should share Attachment F
with staff and parents of students.

Special circumstances to consider regarding COVID-19 Mitigation and Prevention Strategies:

Federal and state disability laws may require an individualized approach for working with children and
youth with disabilities consistent with the child’s Individualized Family Service Plan (IFSP), Individualized
Education Program (IEP), or Section 504 plan. Administrators should consider adaptations and alternatives to
prevention strategies when serving people with disabilities, while maintaining efforts to protect all children
and staff from COVID-19.

CDC Guidance for COVID-19 Prevention in K-12 Schools includes layered mitigation strategies to decrease
the risk of COVID-19 transmission such as universal masking.

COVID-19 Prevention Strategies

Schools should work with public health officials, consistent with applicable laws and regulations, including
those related to privacy, to determine the prevention strategies needed in their area by monitoring levels of
community transmission (i.e., low, moderate, substantial, or high) and local vaccine coverage, and use of
screening testing to detect cases in K-12 schools.

Information about community transmission is available on the ADPH COVID-19 Surveillance Dashboard.
• Promoting vaccination
Vaccinated staff and students: No quarantine is needed if identified as a close contact as long as the
individual remains asymptomatic (monitor for symptoms).
4
 DOCUMENT 27

K-12 BACK TO SCHOOL GUIDANCE 2021-2022

• Consistent and correct mask use
Universal masking is recommended for all students, teachers, staff, and visitors.
• Physical distancing
Teachers, staff, students, and visitors should keep a social distance of at least 6 feet in all areas of
the school.
Students may reduce social distancing to 3 feet in the classroom setting if all individuals
are masked.
• Screening testing to promptly identify cases, clusters, and outbreaks
School testing gives communities, schools, and families added assurance that schools can open and
remain open safely for all students. By identifying infections early, before symptoms appear, testing
helps keep COVID-19 transmission low and students in school for in-person learning, sports, and
extracurricular activities.
The UAB School of Public Health is currently collaborating with the Alabama Department of Public
Health and the Alabama State Department of Education to offer voluntary asymptomatic COVID-19
testing in Alabama K-12 schools to students, faculty, and staff. For more information, please contact
the Program’s Director, Beth Johns, at covidALK12@uab.edu.
• Ventilation
Improving ventilation is an important COVID-19 prevention strategy that can reduce the number of
virus particles in the air. Along with other preventive strategies, including wearing a well-fitting,
multi-layered mask, bringing fresh outdoor air into a building helps keep virus particles from
concentrating inside. This can be done by opening multiple doors and windows, using child-safe fans
to increase the effectiveness of open windows, and making changes to the HVAC or air
filtration systems.
During transportation, open or crack windows in buses and other forms of transportation, if doing so
does not pose a safety risk. Keeping windows open a few inches improves air circulation.
• Handwashing and respiratory etiquette
People should practice handwashing and respiratory etiquette (covering coughs and sneezes) to keep
from getting and spreading infectious illnesses including COVID-19. Schools can monitor and
reinforce these behaviors and provide adequate handwashing supplies.
• Teach and reinforce handwashing with soap and water for at least 20 seconds.
• Remind everyone in the facility to wash hands frequently and assist young children with
handwashing.
5
 DOCUMENT 27

K-12 BACK TO SCHOOL GUIDANCE 2021-2022

• If handwashing is not possible, use a hand sanitizer containing at least 60% alcohol (for
teachers, staff, and older students who can safely use hand sanitizer). Hand sanitizers should
be stored up, away, and out of sight of young children and should be used only with adult
supervision for children under 6 years of age.
• Staying home when sick and getting tested
Students, teachers, and staff who have symptoms of infectious illness, such as influenza (flu) or
COVID-19, should stay home and be referred to their healthcare provider for testing and care. Staying
home when sick with COVID-19 is essential to keep COVID-19 infections out of schools and prevent
spread to others. It also is essential for people who are not fully vaccinated to quarantine after a
recent exposure to someone with COVID-19.
• Exposure notification and contact tracing, in combination with isolation and quarantine
Individuals who test positive for or are diagnosed with COVID-19 must stay home for 10 days
following the onset of symptoms or a positive test result and must be 24 hours fever-free without
fever-reducing medications and symptoms improved before returning from isolation.
See attachments B and C: “What to Do if a Student Becomes Sick or Reports a New COVDI-19
Diagnosis at School” and “What To Do: A Student is Showing Signs of COVID-19 and Needs to
be Isolated”.
In order to mitigate the spread of COVID-19, particularly in light of the more transmissible Delta variant,
school officials should notify individuals who are close contacts to a suspected or diagnosed COVID-19 case
as soon as possible.
When high levels of community spread exist, local school systems may want to consider adding additional
mitigation strategies recommended by the CDC in order to prevent COVID-19 outbreaks and school closures.
Unvaccinated individuals who are identified as a close contact and do not meet the K-12 indoor classroom
student exemption criteria must quarantine. School officials should include quarantine instructions for staff,
students, and visitors for these individuals.
Public health staff will focus investigative efforts on reported clusters, outbreaks, severely ill, and
hospitalized. Any identified cases in schools should be reported to public health and cases advised to
follow CDC guidance for isolation. Close contacts should be notified of their exposure, advised to watch for
symptoms, and quarantine, if appropriate.

6
 DOCUMENT 27

K-12 BACK TO SCHOOL GUIDANCE 2021-2022

• Cleaning and disinfection
In general, cleaning once a day is usually enough to sufficiently remove the virus that may
be on surfaces. Disinfecting removes most all remaining germs on surfaces, which further reduces
any risk of spreading infection. If a facility has had a sick person or someone who tested positive for
COVID-19 within the last 24 hours, clean AND disinfect the space.

Additional Planning and Preparing

Emergency Operations Plan:
Each school district and school should have an Emergency Operations Plan (EOP) in place to protect students,
teachers, staff, and families from the spread of COVID-19 and other emergencies. The EOP should:
• Describe COVID-19 prevention strategies to be implemented.
• Describe steps to take when a student, teacher, or staff member has been exposed to someone with
COVID-19, has symptoms of COVID-19, or tests positive for COVID-19.
• Document policy or protocol differences for people who are fully vaccinated for COVID-19 versus
those who are not fully vaccinated.
• Be developed in collaboration with regulatory agencies and state, local, territorial, and tribal public
health departments, and comply with state and local licensing regulations.
• Be developed with the involvement of teachers, staff, parents and guardians, and other community
partners (for example, health centers).
• Utilize the Whole School, Whole Community, Whole Child (WSCC) model to outline EOP policies and
protocols across each component. Tools and resources from the U.S. Department of Education can be
used by K-12 administrators to develop and update their EOP.
Water systems: Take steps to ensure that all water systems and features (for example, sink faucets,
decorative fountains) are safe to use after a prolonged facility shutdown.

7
 DOCUMENT 27

K-12 BACK TO SCHOOL GUIDANCE 2021-2022

Before students and staff return to a school or childcare building that has been closed for an extended time,
look for ways to reduce potential hazards. Flush plumbing (including all sink faucets, water fountains, water
bottle fillers, hoses, and showers) to replace all water inside building pipes with fresh water. This can help
protect occupants from possible exposure to lead, copper, and Legionella bacteria. You can also follow the
U.S. Environmental Protection Agency (EPA) 3Ts – Training, Testing, and Taking Actionexternal icon – for
reducing lead in drinking water at schools and childcare centers. Follow the guidance to check your building
for mold and remediate as needed.

8
 DOCUMENT 27

Attachment A: Symptoms of Coronavirus (COVID-19)

https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html

Symptoms of Coronavirus (COVID-19)

Know the symptoms of COVID-19, which can include the following:

Cough, shortness of breath or difficulty breathing Fever or chills

Muscle or body aches Vomiting or diarrhea New loss of taste

or smell

Symptoms can range from mild to severe illness, and appear 2–14 days after you
are exposed to the virus that causes COVID-19.

Seek medical care immediately if someone has

Emergency Warning Signs of COVID-19

• Trouble breathing • Inability to wake or stay awake

• Persistent pain or pressure in the chest • Pale, gray, or blue-colored skin, lips, or nail
• New confusion beds, depending on skin tone

This list is not all possible symptoms. Please call your healthcare provider for any other
symptoms that are severe or concerning to you.

cdc.gov/coronavirus
CS-317142-A

9
 DOCUMENT 27

Attachment B: What To Do: A Student is Showing Signs of COVID-19 and Needs to be Isolated

A Student is Showing Signs of COVID-19 and Needs to be Isolated: What Do I Do?

Quick Guide for School Nurses or School COVID-19 POC(s)
1. WEAR A MASK. PERSONAL PROTECTIVE EQUIPMENT (PPE) IS NEEDED
IF UNABLE TO KEEP AT LEAST 6 FEET FROM THE STUDENT.
• When providing care for anyone with suspected or confirmed COVID-19 infection, personnel should wear
appropriate PPE, including gloves, a gown, a face shield or goggles, and an N95 respirator (or equivalent).
If an N-95 is not available, wear a surgical mask.

2. Isolate the Student

• Determine if the student can walk to the already identified isolation room/area on their own or if they
need to be escorted or assisted.
• Assess their care needs and make the student comfortable while they are in the isolation room/area.
• Limit the number of people in health offices and isolation rooms. Try to keep the door closed.
• If there is more than one person in the isolation room/area, make sure everyone has a mask on and
keep them at least 6 feet apart.

3. Talk to the Student

• If possible, ask when and where the student started to feel sick (e.g., Did they start to feel sick at home or at
school? What time of day was it? How did they feel a few days ago?). Note: Depending on student’s age and
cognitive ability, it may be necessary to modify these questions.
• If possible, ask if the student can remember who they came into contact with throughout the day?*
(e.g., Who did they sit next to? Were they within 6 feet (2 arm lengths) of other students?).
Note: Depending on student’s age and cognitive ability, it may be necessary to modify these questions.

4. Call parent(s), guardian(s), or caregiver(s)

• If the child has one of the following emergency warning signs: Trouble breathing, persistent pain or
pressure in the chest, new confusion, inability to wake or stay awake, bluish lips or face, or other signs of
serious or life threatening illness, get emergency medical care first, then call the parent(s), guardian(s),
or caregiver(s).
• If non-emergency, call the parent(s), guardian(s), or caregiver(s) and calmly explain that their child is not
feeling well and may have symptoms of COVID-19, and should be picked up from school.
• Recommend that the parent(s), guardian(s), or caregiver(s) contact the child’s healthcare provider for
an evaluation and testing for COVID-19.

5. Clean and Disinfect Isolation Room/Area

• After the parent(s), guardian(s), or caregiver(s) pick up the child or emergency care is coordinated,
close off areas used by the ill student. When possible, wait up to 24 hours before beginning cleaning and
disinfecting. The virus can remain in the air for some time, so waiting allows for the amount of virus in the
air to decrease. If you cannot wait 24 hours to clean, be sure to wear PPE when cleaning. If possible, open
outside doors and windows to increase air circulation in the area.

6. Talk to your administrator and teacher(s)

• Work with your school administration and staff to document and identify potential close contacts* to
identify who should quarantine and to support contact tracing efforts by the local health department.
Note: assure actions are in accordance with applicable privacy laws.

*Anyone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period.

cdc.gov/coronavirus
CS 319604-B 12/10/2020

10
 DOCUMENT 27

Attachment C: What to Do: Student Becomes Sick or Reports a New COVID-19 Diagnosis at School

WHAT TO DO IF A STUDENT BECOMES SICK OR REPORTS A NEW COVID-19 DIAGNOSIS AT SCHOOL1

Student(s) Teacher or staff COVID-19 POC takes student(s) to isolation Parent, guardian, or caregiver Clean and disinfect areas that Student(s)
shows signs excuses student(s) room/area and ensures student(s) is picks up student(s). Parent, the ill student(s) occupied. return to school
of infectious from classroom, properly supervised and masked. The guardian, or caregiver Ventilate the area(s), wait following
illness cohort or area parent, guardian, or caregiver is called. contacts healthcare provider as long as possible before existing
consistent within the school. Arrangements are made for student(s) for evaluation and possible cleaning to let virus particles Student school illness
with Alert the COVID-19 to either go home or seek emergency COVID-19 test. settle (at least several hours), negative management
COVID-19.2 POC. If masking medical attention.3 and use personal protective COVID-19 policies.
Note: If a school does not have a
is not required at equipment (including any test
Note: If multiple ill students must be placed in routine screening testing program,
the school, provide protection needed for the
the same isolation room/area, ensure mask use the ability to do rapid testing on site result.4
student with could facilitate COVID-19 diagnosis cleaning and disinfection
and stay at least 6 feet apart while supervised.
mask as soon as and inform the need for quarantine products) to reduce risk
possible. of close contacts and isolation. of infection.

Student positive COVID-19 test result.

Student(s) COVID-19 POC starts COVID-19 POC works with Parents, guardians, or caregivers of Members of the ill The ill student(s) can return to
diagnosed with a list of close contacts local health officials to close contacts are advised to keep student(s)’ household school and end isolation once the
COVID-19 and of the ill student(s) assess spread and support their children home (quarantine and staff who had following are met:
begins home and informs staff, follow up with staff, according to local health department close contact with the
isolation. parents, guardians, parents, guardians, or requirements) and to consult with student are advised to • 10 days out from the start
or caregivers of close caregivers of student(s) the student(s)’ healthcare provider quarantine according to of the symptoms, AND
contacts of possible that had contact with the ill for evaluation and possible local health department
exposure.5 student(s).6 COVID-19 test.7 requirements. 7 • Fever free for 24 hours
without fever reducing
Note: COVID-19 POC = the designated point of contact (a staff person that is responsible for responding to COVID-19 concerns, medication, AND
such as director)
1
Scenario based on geographic area with community transmission of SARS-COV-2 the virus that causes COVID-19. • Symptoms have improved.
2
The most common symptoms of COVID-19 in children include fever or chills, cough, nasal congestion or runny nose, new loss of taste or smell, shortness of breath
or difficulty breathing, diarrhea or vomiting, stomachache, tiredness, headache, muscle or body aches, and poor appetite or poor feeding (especially in babies
under 1 year old).
3
Schools that do not have a universal mask requirement could require masking by students, teachers, and staff if they are experiencing onset of upper respiratory
infection symptoms at school while waiting to be picked up or leave the school.
4
With no known close contact.
5
Close contact is defined as someone who was within 6 feet for a total of 15 minutes or more within 2 days prior to illness onset,regardless of whether the contact
was wearing a mask. See exception in the definition for the exclusion of students in the K-12 indoor classroom: https://www.cdc.gov/coronavirus/2019-ncov/php/
contact-tracing/contact-tracing-plan/appendix.html#contact
6
To the extent allowable by applicable laws regarding privacy. cdc.gov/coronavirus
7
CDC guidance provides that people who are fully vaccinated and do not have COVID-19 symptoms do not need to quarantine or get tested after an exposure to
CS 322697-C July 14, 2021 2:20 PM
someone with COVID-19.

11
 DOCUMENT 27

Attachment D: When to Use the COVID-19 Report Card

���� �� ��� ��� COVID‐19 �E�O�� C���

COVID‐19 Symptoms
Cough Shortness of breath or difficulty breathing New loss of smell or taste
Fever or chills Muscle or body aches Nausea or vomiting
Diarrhea Headache Sore throat
Congestion or runny nose
Symptoms can range from mild to severe illness, and appear 2-14 days after being exposed to the virus that
causes COVID-19.
Seek medical care immediately if some has Emergency Warning Signs of COVID-19: Trouble breathing New confusion
Inability to wake or stay awake Persistent pain or pressure in the chest Pale, grey, or blue-colored skin, lips or nail beds

Does the individual have...

Any COVID-19 New Cough, Shortness of Breath or A laboratory‐confirmed

symptoms that cannot or clinical diagnosis
Difficulty Breathing, or New Loss of Sense
be attributed to
of Taste or Smell? of COVID‐19?
another diagnosis?

Yes No Yes No No Yes

For all other illnesses, refer to

the exclusion criteria found at:
h�ps://go.usa.gov/xfFk�

 Enter suspect or diagnosed COVID-19 case into the COVID‐19 �E�O�� Card �h�ps://
redcap.link/87xjzxmu)

Isolate and send ill individual home to be medically assessed by their healthcare provider and

provide parent/guardian with COVID-19 Parent Checklist with Isolation Recommendations

 Provide exposure notification to close contacts with quarantine recommendations as

appropriate

Updated: 7/22/2021

12
 DOCUMENT 27

Attachment E: COVID-19 Student Screening Tool

Student Name:_____________________
Screening Date: ____/____/______

COVID-19 Student Screening Tool

This screening tool can be used in the event a student becomes ill or as a pre-screening tool for parents or school staff to
determine if a student or staff member should be sent home and when they may return to school.

1. Does this student have any of the following symptoms? If yes, date first symptom began: ____/____/______


o Shortness of breath or difficulty breathing
o Cough
o New loss of taste or smell If a student has any of these symptoms and
o Fever
o Chills
they cannot be attributed to another
o Muscle or body aches diagnosis, the student may have COVID-19.
o Nausea or vomiting The student should be sent home to be
o Diarrhea medically assessed by the student’s health
o Headache care provider. Follow exclusion criteria for
o Sore throat
alternate diagnosis and isolation criteria for a
o Congestion or runny nose
diagnosis of COVID-19.

2 . H a s t h is s t u d e n t b e e n d ia g n o s e d w it h o r t e s t e d p o s it iv e fo r C O V ID - 1 9 in t h e la s t 1 4 d a y s ? If y e s ,
d a te : _ _ _ _ /_ _ _ _ /_ _ _ _ _ _
o Yes If a student is diagnosed by their healthcare provider with COVID-19 based on a test and/or
their symptoms, they should not be at school and should stay at home until they meet the
criteria below. If a student has been tested, but has not received their result, the student
should remain home until the result is known and further guidance is received.
o No

R e t u r n in g t o S c h o o l a f t e r a C O V ID - 1 9 D ia g n o s is o r P o s it iv e T e s t

A student can return to school when a family member can ensure that they can answer YES to ALL three
questions:
o Has it been at least 10 days since the student first had symptoms?
o Has it been at least 24 hours since the student had a fever (without using fever-reducing medicine)?
o Has there been symptom improvement, including cough and shortness of breath?

If a student has had a negative COVID-19 test, they can return to school after at least 10 days from the
date the first symptom began once there is no fever without the use of fever-reducing medicines and
they have felt well for 24 hours.

If a student has been diagnosed with COVID-19 but does not have symptoms, they should remain out of
school until 10
days have passed since the date of their first positive COVID-19 diagnostic test, assuming they have not
subsequently
developed symptoms since their positive test.

A student can return to school, following normal school policies, if they receive confirmation of an
alternative diagnosis
from a health care provider that would explain the COVID-19-like symptom(s), once there is no fever
without the use of
fever-reducing medicines and they have felt well for 24 hours.

Rev 07/22/2021

13
 DOCUMENT 27

Attachment F: A Message from ADPH and COVID-19 Close Contact Exposure Notification

A Message from the Alabama Department of Public Health

Dear K-12 School Staff and Parents:

With numbers of cases of COVID-19 in Alabama increasing and the circulation of the
more contagious Delta variant, persons who are not vaccinated are at very great risk to
contract and spread disease. Because children less than 12 years of age cannot be vaccinated
against COVID-19, it is imperative that adults take measures to protect children. The most
important way to reduce COVID-19 in children is for those who are age eligible, 12 years of age
and older, to be vaccinated with one of the available COVID-19 vaccines. If persons are not
vaccinated, they should correctly and consistently wear masks, wash hands, social distance,
and follow other preventive measures.

With low vaccine rates in Alabama it will be a matter of a few weeks after school
resumes before we see a rise in cases in the educational system. COVID-19 can be a significant
disease in children. In Alabama, children have been hospitalized and some of those children
have required mechanical ventilation for a period of time. At least 108 children in Alabama
have had Multisystem Inflammatory Syndrome (MIS-C), a rare but serious condition associated
with COVID-19. Some scientific data indicates that, short term, up to half of children may have
residual COVID-19 symptoms for a time, with around 6% having long-term symptoms.

The Alabama Department of Public Health (ADPH) recommends that all unvaccinated
persons ages 2 and above wear masks and follow other measures to reduce transmission of
COVID-19. The Centers for Disease Control and Prevention’s (CDC’s) Guidance for Prevention
of COVID-19 K-12 outlines layered mitigation, including masking. The American Academy of
Pediatrics recommends universal school masking in order to reduce COVID-19 and continue in-
person education.

Alabama is at a critical juncture. All of us want our children to be able to learn and
thrive. COVID-19 presents a significant threat to our children, and we must make every effort
to ensure the best outcome for their future.

Respectfully,
Karen M. Landers, M.D., F.A.A.P.
Medical Officer and Pediatrician
Alabama Department of Public Health

14
 DOCUMENT 27

Attachment F: Delta Variant – What Should Schools Do?

Student Name: _____________________

Date: ____/____/______

COVID-19 Exposure Notification for Parents and Guardians

Your student may have been exposed to someone diagnosed with or suspected to have COVID-19.
Date of exposure: ____/____/______

The Centers for Disease Prevention and Control (CDC) defines a close contact as someone who was within 6
feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period (for example,
three individual 5-minute exposures for a total of 15 minutes). An infected person can spread SARS-CoV-2
starting from 2 days before they have any symptoms (or, for asymptomatic patients, 2 days before the positive
specimen collection date), until they meet criteria for discontinuing home isolation.

In the K–12 indoor classroom setting, the close contact definition excludes students who were within 3 to 6
feet of an infected student where

• both students were engaged in consistent and correct use of well-fitting masks; and
• other K–12 school prevention strategies (such as universal and correct mask use, physical distancing,
increased ventilation) were in place in the K–12 school setting.

Except in certain circumstances, people who have been in close contact with someone who has COVID-19
should stay at home. However, the following people with recent exposure may NOT need to remain at home:

• People who have been fully vaccinated

• People who were previously diagnosed with COVID-19 within the last three months

If your student does not meet the exception noted above for K-12 students, or has not been vaccinated or
has not been previously diagnosed with COVID-19 in the last three months:

ü Your student should stay at home. The COVID-19 incubation period and the ideal time period to remain at
home continues to be 14 days after last exposure to a case. However, if 14 days is not practical, 10 days is
acceptable if the following conditions are met:
o Continue to monitor for symptoms daily through day 14.
o If any one of the following symptoms are observed, isolate immediately and seek testing: fever,
cough, shortness of breath, difficulty breathing, fatigue, muscle or body aches, headache, new
taste or smell disorder, sore throat, congestion or runny nose, nausea or vomiting, or diarrhea.
o Wear a mask, stay at least 6 feet from others, avoid crowds, wash hands frequently, and take other
steps to prevent the spread of COVID-19 in case infectious without symptoms.

ü If your student becomes symptomatic during this time, have them evaluated by their healthcare
provider/doctor and report to the school nurse the results and outcome of the medical evaluation. Cases
(includes symptomatic Close Contacts):
o Must be isolated for at least 10* days after symptoms first appeared and
o At least 24 hours since resolution of fever (without the use of fever-reducing medications) and
o Other symptoms have improved.

Rev 07/27/2021

15
 DOCUMENT 27

Attachment G: Resources

16
 DOCUMENT 27

Attachment G: Resources

17
 DOCUMENT 27

www.alabamapublichealth.gov
 DOCUMENT 27

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News

Do masks work in Alabama schools? A doctor

and engineer explain.
Published: Sep. 02, 2021, 6:32 a.m.

T 733
shares

By Savannah Tryens-Fernandes | stryens-fernandes@al.com

Want more state education news? Sign up for The Alabama Education Lab’s free,
weekly newsletter, Ed Chat.

With all Alabama districts now back in the classroom, parents continue to debate the
use of masks in school board meetings throughout the state.

Arguments position personal choice against public health and are often plagued by
misinformation, especially when it comes to the effectiveness and potential harms of
masking.

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Doctors and scientists maintain that masks work, even for kids, who were less affected
than other age groups by the initial strain of the virus, but have seen recent surges in
infection and hospitalization rates due to the delta variant.
 DOCUMENT 27

Tell the Ed Lab if you’ve tested positive or had to quarantine since starting
school.

Multiple studies have concluded that children are minimally affected by masks. They
found that children between the ages of 7-12 can still make social and emotional
inferences when faces are covered; that infants can recognize words through opaque
masks; and that younger children are able to adhere to mask-wearing requirements
and wear them appropriately throughout the school day.

“We have substantial observational data that all points in the same direction: that
children fare well even while wearing masks in many of the socialization skills that are
so important at a young age,” said Dr. Todd McCarty, assistant professor of infectious
diseases at the University of Alabama at Birmingham in a news release.

McCarty also noted a lack of data to show that masks cause harm to children with
asthma or other respiratory diseases, which is a concern some parents raise. Rather,
these children are more likely to face severe illness if infected with the virus, and the
Centers for Disease Control and Infection recommends they wear masks.

Read more Ed Lab: Parents of high-risk kids fear another COVID school year.

Read more: Open letter to Alabama schools from 102 mental health providers on
masks.

While researchers haven’t had much time to conduct large-scale or randomized trials,
a study conducted by the ABC Science Collaborative through the Duke University
Clinical Research Institute in 100 North Carolina school districts found that proper
masking is the most effective mitigation measure to prevent the spread of COVID-19 in
schools when students aren’t eligible for a vaccine or there are low vaccination rates in
schools.

The data was collected from March-June 2021 and represents more than 1,280,000
students and 160,000 staff. During full, in-person instruction with masking in place
and minimal physical distancing, approximately 1 in 3,000 students became infected
with COVID-19 at school.

Without masking, schools can be high-risk environments where outbreaks and

superspreading is more likely, experts say.

“It’s not like one person in every classroom is going to get infected but like with the
 DOCUMENT 27
It s not like one person in every classroom is going to get infected, but like with the
example of the California teacher, one unvaccinated and unmasked person can come
into the class and spread it to half the classroom,” said Dr. Navin Varadarajan, a
professor of chemical and biomolecular engineering at the University of Houston.

Varadarajan added that because of the highly interactive nature of a classroom, the
environment is comparable to “an indoor rock concert where there are lots of people
crowded together, singing loudly and transmitting droplets.”

Aside from vaccines, Varadarajan says masking is the most effective measure to
prevent the spread of COVID-19, which is sometimes transmitted by touching surfaces
but is much more likely to be spread by the emission of aerosols, necessitating proper

ventilation as well.

Masks help protect the wearer, but they are most effective at stopping the wearer from
potentially spreading COVID-19 to other people.

As for the type of masks that should be worn, Varadarajan says only certified N95
masks are rated to completely eliminate viral particles, although there are other
options that still reduce transmission likelihood.

“For kids, as long as it’s a multi-layer cloth mask combined with other mitigation
measures that should be enough,” said McCarty. “But if masking is not universal, it’s
harder to derive a lot of protection from it.”

The majority of school districts are now requiring masks in Alabama, but not all are
and there is no statewide mandate in place.

“There are a lot of factors at play, but it takes everybody to participate to bring the risk
down significantly,” said Varadarajan. “The efficacy of masks is going to go down if not
everybody is wearing one and not everybody is committed to mitigating the spread.”

And while a few districts without mandates have reported lower positivity rates in
schools, the numbers aren’t as straightforward as they may seem.

“Schools only resumed a few weeks ago, so the current case rates are more about
what’s been going on leading up to school and less about what is happening in
schools,” said McCarty. “We’re going to see what’s happening in schools evolve over
the next couple of weeks, as people are in school full time and as incubation times set
in.”

Last week, Alabama State Health Officer Dr. Scott Harris reported 5,571 cases among
school-aged children during the week of Aug.16, a 700% increase compared to the
 DOCUMENT 27

same time last year. Harris has repeatedly urged schools to take measures to reduce
the spread of COVID-19 and the Alabama Department of Public health has
recommended universal masking.

“This is public health and we’re all affected by everyone’s decisions. This is a
contagious illness and no person can be an island,” said McCarty. “Whether we want to
or not, we have to think about the health and well being of others. If we forget that,
those actions will have negative consequences and we’re seeing that as our hospitals
fill up.”

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 DOCUMENT 27

LIVE TV

Schools superintendent talks about the 'big tragedy'

happening across America
By Madeline Holcombe, CNN
 Updated 3:42 AM ET, Thu September 9, 2021

(CNN) — Surging Covid-19 cases -- and the increasing proportion reported in children -- are causing many health
experts to worry about the outlook as the school year gets underway across the entire country.

But Dr. Anthony Fauci said there shouldn't be a big uptick "if we do it right."

"We've gotta get the school system masked in addition to surrounding the children with vaccinated people," said
the director of the National Institute of Allergy and Infectious Diseases. "That's the solution."

In Miami-Dade County Public Schools, 13 school employees have died from Covid-19 since August 16, the school
district and local teacher union told CNN. All 13 -- four teachers, one security monitor, one cafeteria worker and
seven school bus drivers -- were unvaccinated, they said.

"I think this underscores the big tragedy that we see occurring
across America," Miami-Dade County Public Schools
Superintendent Alberto Carvalho said Tuesday.

"Even though in my community, 98% of individuals have

gotten at least one dose of the vaccine, there is still a lag
specific to individuals that represent ethnic minorities in
Miami-Dade."

The 13 school employees who died were African Americans

and were unvaccinated, according to their families, Carvalho
said.

Related Article: 13 Miami-Dade school Since vaccine mandates are illegal in Florida, the best thing
employees have died of Covid-19 since Carvalho can do is offer incentives to teachers to get fully
mid-August vaccinated, including a $275 stipend to any employee who
shows proof of vaccination, he said.

Schools, particularly in the South, started their new year in

August and many districts, notably those without mask measures in place, saw an explosion of cases.

Doctors and experts warn it could happen again when students in much of the rest of the country return to school
after the Labor Day weekend unless there is strong action to keep the virus in check. Fauci and other officials
across the US have stressed masks in schools and vaccination for those eligible are crucial.

"These little ones don't have the choice to take the vaccine.
It's up to us," Minnesota Gov. Tim Walz said during a back-to-
school event in Rochester on Wednesday. "For goodness
sakes, we're adults and we know what protects them, so it
shouldn't be that hard to say, the science says, put them in a
mask. You wouldn't let them run across the street without
looking, you certainly wouldn't put them in a crowded
classroom without a mask."
 DOCUMENT 27

While officials believe the federal government is limited on

broadly mandating vaccines, President Joe Biden is expected
to deliver a major address this week on the next phase of the
pandemic, which will include components related to schools,
private companies and requirements for federal employees,
two sources familiar with the speech told CNN.

Ahead of the speech, poll data from Gallup on Tuesday

showed more Americans now disagree than agree that Biden
and the US Centers for Disease Control and Prevention have
communicated a clear plan of action in response to Covid-19.

Related Article: Schools opening after The speech comes as the impact of the pandemic on schools
Labor Day could see fresh burst of becomes clearer.
coronavirus cases -- if mitigation Children now represent 26.8% of the weekly Covid-19 cases,
measures aren't followed according to new data. Over two weeks, from August 19 to
September 2, there was a 10% increase in the cumulated
number of Covid-19 cases in children since the beginning of
the pandemic, according to the American Academy of Pediatrics.

Students arrive at a high school during the first day of classes in Novi, Michigan, on Tuesday.

Pace of vaccinations may be slowing again

Meanwhile, data published Wednesday by the CDC shows an average of about 356,662 people are initiating their
Covid-19 vaccination each day -- an 18% drop from last week and a 26% drop from a month earlier.

But those slowing numbers may have been affected by the Labor Day holiday, and could pick up again in the
coming days.
 DOCUMENT 27

US officials continue to stress the way out of the pandemic is through vaccinations.

"What we've got to do to get to a successful place with Delta is vaccinate enough people, develop enough in the
way of therapeutics and treatments, such that we're not losing nearly as many people every day, every week, every
year to the Delta virus," US Surgeon General Dr. Vivek Murthy told CNN's Jim Acosta on Wednesday.

A large, real-life study confirmed that the Pfizer and Moderna

vaccines are about 90% effective at keeping people 50 and
older out of the hospital. Johnson & Johnson's vaccine also
had high effectiveness, the team found, but "additional data
are needed."

The study, led by the CDC, found that two shots of Pfizer's or
Moderna's mRNA vaccines were 91% effective against
infection leading to an emergency department or urgent care
clinic visit, 89% against infection leading to hospitalization and
90% against infection leading to an ICU admission.

Even among people 85 and older, effectiveness was 85% or

Related Article: Risk of severe higher, the team wrote. Johnson & Johnson's vaccine was
breakthrough Covid-19 higher for seniors 73% effective against emergency department or urgent care
and people with underlying conditions clinic visit and 68% against infection leading to hospitalization,
the team found.

The study showed the mRNA-based vaccines were highly effective among people 85 or older and those with
chronic medical conditions.

Reinforcements going to hospitals

The lagging vaccination rates and climbing case numbers are keeping the pressure on the health care systems in
many states.

In Kentucky, hospitals are facing critical staffing shortages and getting pushed to the brink for ICU beds, Gov. Andy
Beshear said Tuesday, forcing the closure of some surgery rooms to create ICU centers and more beds to address
the influx of Covid-19 patients.

The state has stepped in to help by providing Covid-19 testing

via third-party vendors that set up outside of hospitals, freeing
up hospital emergency room staff and clinicians to prioritize
other healthcare needs for the community, Beshear said.

The governor said he also requested FEMA strike teams and

has had a nurse strike team deployed up at St. Claire Regional
Medical Center, which has been overwhelmed in treating the
influx of Covid-19 patients.

Less than half of Kentucky's population is fully vaccinated

Related Article: 'Surprised and
disappointed.' Doctors in Covid-19
hotspots last year are dealing with new
record hospitalizations
against the virus, according to CDC data.
Reinforcements are also on the way for health care workers
treating Covid-19 patients in Idaho, Arkansas and Alabama.
Each state will get a 20-person US Army North (ARNORTH)
team that includes nurses, respiratory therapists, and medical
doctors. Six teams are already deployed, with three teams in
Louisiana, two in Mississippi, and one in Alabama.
 DOCUMENT 27

"This is the first time Department of Defense medical assets have deployed to support both Idaho and Arkansas
during the pandemic," ARNORTH commander Lt. Gen. Laura J. Richardson said. "We are proud to be called upon
to support our local, state, and federal partners there, and in Alabama, Louisiana and Mississippi, in this whole-of-
government response."

New data suggests unvaccinated people are at least several

times more likely to test positive
The best protection against hospitalizations, health experts have emphasized, is vaccination.

Data from local health departments in Utah, Virginia and Seattle's King County suggests that unvaccinated people
are at least four times -- and up to nine times -- more likely than vaccinated people to test positive for coronavirus,
and that gap has grown in recent weeks.

About 53.2% of all Americans are fully vaccinated, according

to CDC data. Those numbers are not yet where experts say
they need to be to protect the majority of Americans.

In August, the FDA authorized an additional Covid-19 vaccine

dose for certain immunocompromised people. And while the
effort to vaccinate the entire population continues, officials
are now preparing for the rollout of booster doses for a larger
population.

The boosters do not indicate that something is wrong with the

Related Article: How kids too young to
get vaccinated can help dodge the Delta
at school
first two doses, Fauci said Tuesday. Rather, the third dose may
just be part of a full vaccine regimen.
The White House is expected to kick off its booster plan the
week of September 20. At that time, up to 5.2 million people
may be eligible to receive their third dose.

The plan is to allow third doses starting eight months after a

person receives the second dose of Pfizer-BioNTech or Moderna mRNA vaccines, although the timing could
fluctuate.

It's not clear what the timing will be for a second dose of the single-dose J&J vaccine, which more than 14 million
people received, according to the CDC.

"That might be two doses for a J&J, but for the mRNA, we know from studies that are already ongoing in Israel
now, that when the degree of protection against infection and even severe disease goes down to a certain
precarious level, when you give the person that third boost, you dramatically increase the level of protection," Fauci
said.

"Even more so than before the boost, it goes up to and beyond the level of protection."

CNN's Jacqueline Howard, Maggie Fox, Virginia Langmaid, Kaitlan Collins, Carma Hassan, Elizabeth Stuart,
Carma Hassan and Leslie Perrot and Deidre McPhillips contributed to this report.

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