‘THE SCHOOL DISTRICT OF ‘Mice J. BURKE FRANK A. BARBIERI,JR., ESQ. PALM BEACH COUNTY, FL SuPeninTeNDeNt Boaro Cuainaaan (OFFICE oF THE SUPERINTENDENT KAREN M. BRILL 3300 Forest Hi BOULEVARD, C316 Boaro Vice CHAIR West PaLM Beach, FL 33406-5869 MARCIA ANDREWS Phone: 561-649-6833 / Fax: 563-649-6837 ALEXANDRIA AYALA WWW. PALMBEACHSCHOOLS. ORG BARBARA MCQUINN DEBRA L. ROBINSON, M.0. ERICA WHITFIELD October 14, 2021, Richard A. Corcoran Commissioner of Education Florida Department of Education 325 W. Gaines Street Tallahassee, FL 32399-0400 Re: School Board of Palm Beach County, Student Opt-Out Requirements DOE No.: 2021-4034 Dear Commissioner Corcoran: ‘This letter is in response to the State of Florida State Board of Education's Order (SBE Order) entered on October 12, 2021, in the above-referenced matter, on behalf of the of the Palm Beach County School District (PBCSD) ‘The PBCSD maintains our prior positions set forth in our letters of September 1, 2021 and September 23, 2021, and at the hearing before the State of Florida State Board of Education on October 7, 2021, We cannot ignore scientific consensus on these issues, which one must do if taking the position that facial coverings do not prevent the spread of the highly contagious SARS-CoV-2 and its variants or that facial coverings are harmful to children. ‘Ata special meeting of the School Board of Palm Beach County, on October 6, 2021, following meetings with our public and private medical advisors, | recommended, and the School Board adopted Emergency School Board Policy 5.3261, Emergency Protocols and Prevention Strategies for Students due to COVID-19. A copy of Policy 5.3261 is attached for ease of reference. The purpose of the Policy is ..to facilitate the continuous operations of the District during this global pandemic, and ... to protect the health, safety, and welfare of students...” Policy 5.3261 (1). One of the District Safety Guidelines is that “[dluring times of elevated community spread as evidenced by data reported by the Centers for Disease Control (CDC), and if required by the superintendent as outlined in section two, all students shall be required to wear facial coverings in order to protect the health, safety and welfare of the school community.” Policy 5.3261(4)(b). The Policy provides for an exemption or accommodation where “..verified by a treating licensed medical physician as required by the ADA, or Section 504 of the Rehabilitation Act and agreed to by a compliant 504 Team.” Policy 5.3261(4)(b)(ii). Further, “{s}tudents will not ‘The Schoo! District of Palm Beach County A Top High-Performing A-Rated School District ‘An Equo! Opportunity Education Provider and EmployerPage 2 of 3 October 14, 2021 Letter to Commissioner Richard Corcoran ~ Student Opt-Out Requirements, DOE No.: 2021-034 be required to wear facial coverings outside, after seated when eating or drinking as outlined in District protocols that will be posted to the District website and approved by the school principal or designee.” Policy 5.3261(4)(b)(i). Finally, “{tJhis Emergency Policy shall remain in effect for a period of no more than ninety (90) days from the date of adoption.” Policy 5.3261(10). “The Superintendent may suspend/reinstate/rescind portions Of this policy based on the updates/available information from the CDC, state, or local authorities regarding COVID-19 cases.” Policy 5.3261(10). With the significant changes to the quarantine and stay home procedures for students and staff who are exposed to individuals who test positive for COVID-19, as set forth in the Florida Department of Health Rule 64DER21-15, facial coverings are even more important today to mitigate against this highly contagious illness, COVID-19. Under Rule G4DER21-15, there are NO quarantines for students unless they test positive themselves which means a student with a parent home sick with COVID-19, who is exposed dally to COVID-19, can come to school every day and infect other students as long as they are asymptomatic. The Board and | believe it would be irresponsible and inconsistent with our statutory duty to provide for proper attention to the health and safety of our students, for the School District to not attempt to mitigate that risk of exposure and illness by requiring students and staff to wear facial coverings. This is a small measure that can save lives. There is no credible report of serious harm to students from wearing a mask. Whereas, 715,000 people have died in the United States from COVID 19. ‘Together with our public and private community medical advisors, the following metrics will guide us in our decision-making when it comes to reinstating the opt-out policy on the use of facial coverings: * When COVID-19 vaccinations are available to children ages 5 to 11, allowing parents the choice to vaccinate their children, and * When average new cases of COVID-19 per week are under 50 per 100,000 per week, and ‘+ When the COVID-19 weekly positivity rate is under 8%, and ‘+ When these community transmission indicators are maintained at these moderate levels for at least four (4) weeks, then the PBCSD will revisit reinstating its opt-out policy for facial coverings. The School Board's policy is consistent with the law and our obligations under the Florida Constitution. The Board and | have a constitutional duty to provide safe schools and a statutory duty to protect the welfare of our students and staff. Given the significant threat that COVID poses to students and staff, and the health data we have assembled, we believe that we are acting in the best interests of our students and staff. Furthermore, our policy is narrowly tailored, reasonable and necessary to fulfil our duty to keep our students and staff safe, and our goal cannot be achieved by a less restrictive means, especially considering the impact of the lack of quarantine measures in DOH Emergency Rule 64DER21-15. The Board's policy is based on scientific evidence showing that facial coverings prevent the spread of virus, on the CDC's current Guidance for COVID-19 Prevention in K-12 Schools, and available data regarding COVID rates in our community and our schools and provides exemptions where medically necessary. Asper the request in paragraph 5 of the SBE Order, each of our seven board members has an annual compensation of $47,189 per year. The PBCSD commits that it will not permit a reduction of funds to impact student services or teacher pay. The PBCSD has not applied for Project SAFE Grant funds at this time, however, it is the PBCSD's Position that if the Florida Department of Education withholds state funds in an amount equal to any federal The School District of Palm Beach County A Top High-Performing A-Rated School District ‘An Equol Opportunity Education Provider and EmployerPage 3 of 3 October 14, 2021 Letter to Commissioner Richard Corcoran — Student Opt-Out Requirements, DOE No. 2021-4034 Project SAFE Grant funds, or successor grants, should the PBCSD receive such funds, that this is a violation of federal law. Please be advised that the PBCSD reserves the right to contest the validity of the Emergency Rule and the SBE Order, and any other state action that interferes with our constitutional and legal obligation to protect the safety, health and welfare of our students and staff. Respectfully submitted, Ble Michael J. Burke Superintendent Attachment : Frank A. Barbieri, Jr, Esq., Board Chairman karen Brill, Vice-Chi Marcia Andrews Alexandria Ayala Barbara McQuinn, Debra L. Robinson, M.D. Erica Whitfield “The School District of Palm Beach County A Top High-Performing A-Rated Schoo! District ‘4n Equol Opportunity Education Provider and Employer10113721, 2:38 PM BoardDocs Pro GOOLE. \easrane/ Book School Board Policies Section Ch. 5. Pupil Personnet Title Emergency Protocols and Prevention Strategies for Students due to COVID-19 Code 5.3261 status active Adopted October 6, 2021 Prior Revised Dates ER 10/6/21, Policy 5.3261 Emergency Protocols and Prevention Strategies for Students due to COVID-19 1. Purpose. ‘The School Board recognizes the urgent need to protect the health, safety and welfare of its students because of the widespread impact of the Coronavirus Disease 2019 (COVID-19) pandemic, and the increased Impact of the Delta variant in Palm Beach County and throughout the State of Florida. In order to facilitate the continuous Operations of the District during this global pandemic, and in order to protect the health safety and welfare of students, the School Board must implement layered prevention strategies to mitigate the effects of COVID-19 and {ts variants on District students. These strategies are based on updated emergency rules as well as recommendations/guidance from federal, state and local health authorities. 2. Superintendent’s Authority. In order to protect the health, safety and welfare of students during times of elevated communicable disease Community spread, the Superintendent shall issue periodic guidance and directives aligned with the recommendations of public health officials or applicable government guidance and orders. During an outbreak of a Communicable disease that can be transmitted by casual contact or in a respiratory or airborne manner, the Superintendent's directives may include mandatory protocols, including but not limited to, physical distancing, facial coverings, and/or other protective measures including screening and voluntary testing programs. Prior to issuing such directives, the Superintendent shall consider local health conditions and transmission risk as reported by the Centers for Disease Control. The Superintendent may temporarily suspend or reinstate any directives issued pursuant to this policy based on the available local data as reported by health officials, 3, Parent/Guardian Notification. ‘The District recognizes that parents and guardians are essential allies in its efforts to limit the spread of COVID- 419 on school property including school buses. The District will disseminate information about this Policy, including student and family responsibilities, to students and families via email, social media, and on its website. ‘School staff will implement a variety of strategies to inform students about their duty to comply with the District's health safety protocols. This may include additional markings on hallway floors, posters and other signage, designation of hand sanitizing stations, etc 4. District Health and Safety Prevention Strategies. a. All students must: |, not come to schoo! if ill including, but not limited to: symptoms of fever, cough, sore throat, diarrhea, headache, body ache, shortness of breath, fatigue, loss of appetite and sense of smell, runny or nitps:fgo boarddocs,comipalmbeach’Beard.nstiPublict a10719021, 238 PM BoadDocs® Pro stuffy nose, sneezing, sore throat and other flu-like symptoms; i. self-screen at home prior to reporting to school. Parents and guardians should take their child's temperature prior to reporting to school and the student shall not report to school if they have @ temperature of 100.4 or higher. Students shall not report to school while using fever-reducing medications; |. Student or student's parent/guardian must self-report a positive COVID-19 test, for any member of the household to a school administrator no later than the following school day. The school administrator will alert the school nurse, their supervisor and District administration to determine next steps; \v. comply with all directives related to health and safety, through common areas and shared spaces; \cluding, but not limited to usage and passage vv. abide by social distancing guidelines, keeping 2 minimum of 3 feet apart where possible; follow revised school procedures that may include, but not limited to: staggered arrivals and dismissal times, after school care or before school care, limited classroom changes, limited movement throughout the campus, enhanced sanitization, increased handwashing, wearing of facial coverings, changes to school cafeteria procedures and school bus procedures, changes to procedures for any school activity outside the regular school day, and other changes that may be needed to protect their health and safety while they are on campus, at school related activities or on school transportation; vil avoid congregating when moving throughout the campus; vii avoid sharing school supplies, such as pens, pencils, devices, textbooks, etc, and assist with keeping their desks or workstations clean and clutter-free; ix, abide by separate guidelines for athletics, intramurals, performing arts as established for COVID-19 by District administration. x. Any student who tests positive for COVID-19 must immediately provide administration with a list of everyone with whom they have been in close contact outside of regular classroam contact, including while riding the school bus and extracurricular activities (within 6 feet for more than 15° minutes). Staff will assist younger students with their contact list. If a student exhibits symptoms of COVID-19 during the school day, he/she will be sent to the school linic. The school nurse will assess the wellness of the student to make the recommendation if the student should be tested for COVID-19. In the event facial coverings are not required, any student resenting with COVID-19 like symptoms shall be required to wear a mask while in the school clinic or while awaiting parent pick-up due to illness. Ifa student's parent or legal guardian (or the student if over 18) provides informed written consent, a school nurse or health services facilitator/designee may perform a voluntary COVID- 19 test if the student has COVID-19 related symptoms or was recently exposed to COVID 19, provided COVID-19 tests are available, The parent or legal guardian shall be informed of the positive test results and referred to their medical provider for treatment. School nurses may not test minor students for COVID 19 without informed written consent from a parent or legal guar‘ b. Facial coverings: During times of elevated community spread as evidenced by data reported by the Centers for Disease Control (CDC), and if required by the superintendent as outlined in section two, all students shall be required to wear facial coverings in order to protect the health safety and welfare of the school community. |. If facial coverings are required, the District will provide up to 5 washable facial coverings per student. Facial coverings should cover the nose and mouth and comply with the CDC's recommendations. All face coverings (whether disposable or reusable) must be made with at least two (2) but preferably three (3) layers of breathable material; fit snugly but comfortably against the side of the face and be secured with ties or ear loops allowing the students to remain hands-free, Neck gaiters, open-chin triangle bandanas, and mesh material, valves or holes of any kind are not permitted. Nothing within this policy is intended to supersede School Board Policy 5.182 or any individual school's dress code. htlps:igo boardsoes.comiMipaimbeach/Beard.nstPubio# 2410713721, 238 PM BoardDocs® Pro li, Students will not be required to wear facial coverings outside, after seated when eating or drinking as. outlined in District protocols that will be posted to the District website and approved by the school principal or designee. Students should continue to maintain social distancing to the extent possible, li, Exemptions or accommodations (Including a plastic shield) to facial coverings must be verified by a treating licensed medical physician as required by the ADA, or Section 504 of the Rehabilitation Act and agreed to by a compliant 504 Team, 5. Protocols for Symptomatic or COVID-19 Positive Students. Students experiencing any symptoms consistent with COVID-19 or who have received a positive diagnostic test for COVID-19 shall not attend school, school-sponsored activities, or be on school property until: (a) The student receives a negative diagnostic COVID-19 test and is asymptomatic; or (b) Ten days have passed since the onset of symptoms or positive test result; the student has had no fever for 24 hours and the student's other symptoms are improving; or (c) The student receives written permission to return to school from a medical dactor licensed under chapter 458, ‘an osteopathic physician licensed under chapter 459, or an advanced registered nurse practitioner licensed under chapter 464. 6, Protocols for Students with Exposure to COVID-19. a. Students who are known to have been in direct contact with an individual who received a positive diagnostic test for COVID-19 shall be provided the following options: 1. The student shall be allowed to attend school, school-sponsored activities, or be on school property, without restrictions or disparate treatment, so long as the student remains asymptomatic; or 2. The student may quarantine for a period of time nat to exceed seven days from the date of last direct contact with an individual that is positive for COVID-19, b. If a student becomes symptomatic following direct contact with an individual that has tested positive for COVID-19, or tests positive for COVID-19, the procedures set forth for symptomatic or COVID-19 positive shall apply as described above. 7. Respons ss of Principals When a Student Tests Positive for Covid-19. Upon receiving notification that a student has tested positive for COVID-19, the principal shall immediately notify the school’s supervisor to activate COVID-19 protocols. The principal shall also request that the student provide a list of every student and staff member (outside the classroom or schaol transportation) with whom the student has been in close contact (within 6 feet for more than 1 minutes). The list must be securely maintained and the student’s name shall not be revealed when notifying other students’ parents or guardians and members of the school's staff of a positive tast. 8, Non-Discrimination. Students whose parents or legal guardians have an approved exemption under the ADA or Section 504 exempting them or modifying the face mask requirement shall not be subject to any harassment or discriminatory treatment, including but not limited to: 2a, Relegation to certain physical locations; b, Isolation during school activities; or c. Exclusion from any school-sponsored events or activities. 9, ESE Students. For students with an Individualized Educational Pian (IEP), a parent may request an IEP meeting to discuss the impact of compliance with this policy. Intpss'goboardéoes.comifUpalmbeach/Board ne Public aa10113721, 298 PM BosraDocse Pro 10. Duration. This Emergency Policy shall remain in effect for a period of no more than ninety (90) days from the date of adoption, The Superintendent may suspend/reinstate/rescind portions of this policy based. on the updates/available information from the CDC, state, or local authorities regarding COVID-19 cases. The Superintendent shall inform the Board of any exercise of delegated authority pursuant to this policy prior to implementation. Additionally, the Superintendent shall also notify the Board of such action at the next special or Fegular Board meeting. Upon receipt of this notification, the Board may provide the Superintendent additional guidance or direction related to the implementation of this policy. RULEMAKING AUTHORITY: Fla. Stat. §§ 120.81 (1. 1001.32 (2); 1001.42 (28). Fla. Stat. §§ 1001.32(3); 1001.43 (1), (6) & (7); 1001.42(2) & (8); Fla, Admin LAWS IMPLEMENTED: Code Rule 64DER21-15 HISTORY: ER 10/6/2021 hitps//go.boardsoes.con/fVpalmbeach/Board.nslPublict 46