UPDATE: Cameron urges Supreme Court to act; GOP, Dems spar over mask issues
UPDATE POSTED 3 P.M. WEDNESDAY, AUG. 11, 2021
FRANKFORT, Ky. (WTVQ) – As expected, the Republican-led Legislature is wading in on Gov. Andy Beshear’s executive orders re-instituting a mask mandate in the state’s schools, private schools, pre-schools and day care centers, urging the courts to rule on pending legal challenges over the governor’s authority and urging the governor to allow local school boards and governments to make their decisions.
And not surprisingly, Democrats in the state Legislature are taking a different view. That followed a statement from a statewide student group supporting the governor’s decision.
And late Wednesday, Attorney General Daniel Cameron said he’s filed a brief calling Beshear’s actions an abuse of power.
“A Kentucky Circuit Court Judge issued a binding injunction against the Governor and said that he must follow the laws passed by the General Assembly. Yesterday, the Governor directly ignored the court and engaged in an unlawful exercise of power by issuing his executive order.
“The legitimacy of our government depends on the Governor respecting the judicial power of the courts and the law-making power of the legislature, and right now he is disregarding both.
“The Governor does not have to choose between following the science and following the law. The two can and should work together. If he believes that the science requires a statewide mask mandate for schools and childcare centers, then he needs to do what the law requires and work with the General Assembly to put the necessary health precautions in place.
“The matter remains before the Supreme Court, and the court will now review our arguments and determine what process the Governor must follow.”
Like other orders issued in the lower court lawsuits, the state’s highest court has stalled implementation of the lower court rulings, which most legal experts say leaves the state at the position where it was before the legal wranglings began with the Legislature and Cameron following the spring General Assembly session.
Prior to that, the state Supreme Court had ruled Beshear had acted within his authority on executive orders.
“The Kentucky Student Voice Team strongly supports the statewide mask mandate for schools issued by Governor Beshear Tuesday evening. While we were hopeful to return to school without masks, rising COVID-19 rates and the spread of the Delta Variant have made doing so unsafe. Despite what some have said about the negative effects of wearing a mask in school, public health experts tell us that masks are the least invasive way to protect students and ensure a return to the type of education experience we know and miss.
“Without a mask mandate, our districts are more likely to be compelled to move school online or risk further spreading COVID-19 among students, their teachers, and their families. We know that online learning exacerbates disparities for young people with poor internet access, with parents who cannot work from home, and with special needs, and other marginalized communities. But with a mask mandate in place for our schools, we can better ensure that these students receive the resources they need, that fewer of us suffer from the worst effects of COVID-19, and that we receive the fullest possible education experience.”
In a statement issued earlier Wednesday, state House Speaker David Osborne said:
“The Kentucky General Assembly spoke clearly and indisputably when we passed HB 1, SB 1, SB 2, and HJR 77. These measures strengthened state law to better reflect the separation of powers called for in our state constitution and empowered school boards, local governments and other entities to take the actions they deem necessary in situations like this. And, until the Supreme Court of Kentucky rules on the Governor’s challenge to these measures, this issue remains unresolved. It is their unwillingness to act that has left so much in limbo.
“In the meantime, local school districts across the state have carefully considered mandatory face coverings and made decisions regarding their own policies. The Governor may not agree with their choices, but he must respect their authority. Instead, at the eleventh hour, he chose to politicize this issue and flout their decisions by issuing an executive order with extremely questionable legal standing.
“If this situation truly requires a statewide approach, then he must use the path prescribed by law and undergo the appropriate process and oversight. He’s not only playing politics, but also acting as the legislative, judicial, and executive branches of government in defiance of legislation and judicial orders.”
And Wednesday afternoon, state Democratic legislative leaders issued a statement of their own, saying the governor’s mandate follows CDC guidelines, which is what Republicans wanted in GOP-pushed legislation. The statement from Kentucky House Democratic Caucus Leaders Joni Jenkins, Derrick Graham and Angie Hatton reads:
“If we want our children in school instead of learning online, and if we actually want to follow CDC guidelines as this year’s House Bill 1 calls for, then Governor Beshear’s statewide mask mandate for students and school staff alike is the only appropriate step to take. The CDC recommends universal masking for everyone in a school setting, regardless of vaccination status.
“The idea that children are not affected by this virus is wrong. The American Academy of Pediatrics and the Children’s Hospital Association report that more than 77,000 Kentuckians 19 and younger have been infected since the start of the pandemic, and many potentially face a lifetime of health issues we are still learning about. They appear to be even more at risk because of the Delta variant.
“If we do not act prudently now, we will have no choice but to act drastically later. We cannot just wish this pandemic away, because it endangers us all.”
No additional legal challenge had been filed by early Wednesday.
ORIGINAL STORY POSTED 5:10 P.M. TUESDAY, AUG. 10, 2021
FRANKFORT, Ky. (WTVQ) – With the highly contagious Delta variant of COVID spreading
faster than the state has seen in months, Gov. Andy Beshear took the difficult step Tuesday or reinstating a mask mandate in all Kentucky schools.
The decision, while not popular with some parents and even some school leaders who have made decisions to start schools by making masks optional, the governor’s decision drew praise from the Kentucky Education Association, which represents teachers.
“Our schools count on our elected leaders to do what is best for the safety and health of our children, and to lead with that goal foremost in their minds. KEA supports Gov. Beshear’s mask requirement in all public schools. Requiring masks for all students is vital to help slow the spread of COVID-19 as schools reopen across the Commonwealth. That is particularly true for students under age 12, who are not currently eligible for vaccination and are, therefore, among those most at risk for infection,” KEA President Eddie Campbell. “Masks are a simple, low-impact, essential precaution that will protect students, educators and families and will hopefully allow schools to remain open. No one wants to return to extended virtual learning or to the society-wide restrictions of 2020. But to avoid that, we must all use common sense to protect ourselves and each other.
“As we all work to ensure safe schools and campuses for in-person learning this school year, vaccines are the most important tool we have to stop the spread of COVID-19 and its variants. Until all students have the option to get vaccinated, it is up to parents, school leaders, and community members to help mitigate risk by modeling good behavior. The alarming spike in COVID cases across Kentucky will only be alleviated when all eligible Kentuckians, young and old, get the vaccine. Until then, our schools, our students, our educators, and our loved ones are still at the mercy of the virus. More than 90 percent of teachers and support staff nationwide have been vaccinated, according to a recent survey. Educators know the importance and value of in-person learning and they are doing their part to ensure that students can continue to learn in-person. But educators cannot do this alone; all public education stakeholders and every member of every Kentucky community needs to do their part to stop the spread of COVID-19 and keep our students in school,” Campbell continued.
In its daily report Tuesday, the state confirmed 2,500 new cases, the highest one-day number since January. That pushed the total cases in the state since the outbreak began to 502,712.
But other critical indicators about the spread of the virus continued up.
The state’s positivity rate hit 11.05%, up from 10.78% Monday and 10.46% Friday.
The state reported seven new coronavirus-related deaths, bringing Kentucky’s total death toll since the pandemic began in March 2020 to 7,394.
The state reported 1,251 people in the hospital, up from 1,139 people Monday, 976 Friday, 939 people Thursday, 889 Wednesday, 824 people Tuesday and from just 625 11 days ago; 339 in ICU, up from 331 Monday, 286 Friday, 275 Wednesday, and 263 last Tuesday; and 168 on a ventilator, up from 158 Monday, 121 Friday, 108 Thursday, 100 Wednesday, and 96 last Tuesday.
In response to the highly contagious COVID-19 delta variant and recent U.S. Centers for Disease Control and Prevention (CDC) guidance, Beshear signed two executive orders:
- All individuals – all teachers, staff, students and visitors – must cover their nose and mouth with a face covering when indoors in all public and private preschool, Head Start, elementary, middle and high schools (preschool through grade 12) in Kentucky, including but not limited to inside of vehicles used for transportation such as school buses, regardless of vaccination status; and
- All staff, visitors and children ages 2 and older who are able to wear a face covering must cover their nose and mouth with a face covering when indoors in all child care settings in Kentucky, regardless of vaccination status.
“We are in the midst of the fastest surge that we have ever seen during COVID right now. This move is supported by medical organizations, local health department leaders, businesses and education leaders. It is also supported by the Kentucky Chamber, representing 3,800 member businesses across the commonwealth,” said Beshear. “This is a united front of saving lives, keeping our kids in school and keeping our economy and workforce going.”
The order includes a list of exemptions.
The CDC now recommends universal indoor wearing of face coverings for all teachers, staff, students (ages 2 and older) and visitors to schools, regardless of vaccination status. The CDC recommends that all people ages 2 and older who are not fully vaccinated should wear a face covering while indoors in child care settings. The CDC also recommends that fully vaccinated people wear a face covering in public indoor settings in areas of substantial or high COVID-19 transmission.
The surge of hospitalizations of children with COVID-19 is causing children’s hospitals to become overwhelmed, with recent CDC data showing an average of 225 children with COVID-19 admitted to U.S. hospitals every day over the past week. The American Academy of Pediatrics reports that more than 93,000 children and teenagers were infected with COVID-19 from July 29 to Aug. 5.
While Kentucky has had success in administering at least a first dose of the COVID-19 vaccine to 2,376,891 people, vaccinations remain unavailable for approximately 661,500 Kentucky children ages 11 and under, and less than 34% of all eligible Kentucky children between ages 12 and 17 have received their first dose of a vaccine.
Health care, public health, school and business leaders across Kentucky echoed support for the Governor’s order.
Two practicing health care leaders joined the governor’s briefing to share their recent experiences treating young patients infected with the COVID-19 delta variant.
“This is very different than what we saw the first time around. When we look across the country at the case rates, pediatric cases are representing anywhere from 14-17% of the total cases, which is very concerning,” said Dr. Scottie B. Day, MD, FAAP, physician-in-chief, UK HealthCare’s Kentucky Children’s Hospital in Lexington. “As many may know, an estimated 400 children have died, which may seem like a small number relative to adults, but these are children. These are the future generations. We need to keep our children safe.”
“As we have been seeing more patients with the delta variant, we have had to deal with a new problem: younger patients who become unstable more unpredictably,” said Miriam Haas, RN, BSN, nurse manager at Norton Brownsboro Hospital in Louisville. “These patients tend not to have other health issues that contribute to their illness – they don’t have anything in common other than the delta variant and the fact that many of them were not vaccinated. Many of our COVID patients say that if they had it to do over again, they would have received the vaccine. As a nurse this has been the most difficult thing I have been through in my 13-year career. The things we have seen will never leave me.”
Public Health Leaders: Masks Are Simple Step to Keep Children Safe
Dr. Crystal Miller, director of the WEDCO District Health Department, whose department addressed the first confirmed COVID-19 case in Kentucky last year, said the delta variant has created some of the greatest challenges local hospitals have faced since the start of the pandemic.
“We had the highest COVID admission rate in one of our local hospitals today that we’ve seen this entire pandemic,” said Dr. Miller. “The COVID unit is full. Our local hospital CEO told me that his day begins and ends with texts from other CEOs around Kentucky asking if there are beds available to transfer patients. This is the most concerning thing that I have been told since the pandemic began.”
“Wearing a mask is a simple step to help keep our children healthy and safe,” said Rebecca Kissick, MSW, public health director, Clark County Health Department. “The Clark County Health Department recognizes the benefit of in-person learning and support the Governor’s efforts to keep our children healthy in school.”
“As a minimal tool to help mitigate the risk of increased transmission of COVID-19 in our schools and as recommended by the CDC and the American Academy of Pediatrics, I support the Governor’s required mask mandate for K-12 schools until there is a significant reduction in disease to protect our unvaccinated and most vulnerable students and staff,” added Randy Gooch, executive director, Jessamine County Health Department.
Eleven other local health department leaders also shared their support for the executive order.
Kentucky Education Commissioner Dr. Jason Glass agreed that mask requirements will give Kentucky school districts the best chance to safely return to full-time, in-person learning this fall with layered strategies in place to prevent COVID-19 infection and transmission. He also said the Kentucky Board of Education (KBE) will meet to discuss and act on an emergency regulation regarding face coverings in school facilities in a special-called meeting on Thursday, in coordination with the Governor’s executive order.
“Our primary goal is to keep our students safe while prioritizing in-person learning, which our students both crave and need,” said Commissioner Glass. “We have been unambiguous that our guidance and decisions here at the department will be based on science and upon recommendations from public health organizations. Besides vaccinations (which our students under 12 are not yet eligible for), masking is one of the most effective virus mitigation strategies we can deploy. With strong and consistent precautions in place, Kentucky’s schools have proven that we can safely open for in-person instruction. The Governor’s executive order and the KBE’s pending emergency regulation to require masking both put the health and learning of Kentucky’s children first, and I support them unconditionally.”
Houston Barber, superintendent of Frankfort Independent Schools and president of the Kentucky Association of School Superintendents, said: “The small sacrifice and commitment to wear masks has opened up the world of opportunities for our students to be successful during in-person school. Our team at Frankfort Independent Schools has been dedicated to ensuring we have in-person school for all of 2021-2022. We have had no spread of COVID-19 cases and have been in school since Aug. 2. We must remain faithful to this small sacrifice at this time to thrive and transform the lives and minds of our most precious gifts (students) without any disruption. It’s a team effort, and we must do this together!”
Winston Griffin, chairman of the Kentucky Chamber of Commerce and president and chairman of Laurel Grocery, said requiring masks in schools will not only protect kids, it will protect their parents’ health and ability to work, ensuring Kentucky’s economy can continue to build momentum.
“The Chamber recognizes the importance of masking in schools at this time, because masking not only keeps our children and teachers safe but also because of its impact on the workforce,” said Griffin. “We learned last year that when a student gets exposed to the virus and needs to quarantine, this has an impact on the work-life of parents. Masking can help mitigate these issues and keep us all safer. But the best way to keep us safe and keep our economy moving is for all Kentuckians to get vaccinated.”
“We all thought that the worst was behind us with the COVID-19 pandemic. However, we are all looking at incredibly tough decisions to make sure we can keep all Kentuckians safe and keep our economy moving,” said president and chief executive officer of the Kentucky Chamber of Commerce Ashli Watts. “Employers are doing everything they can to keep their workforce safe and encourage vaccinations, which is the one way we know we can put a stop to this. Hundreds of students are now quarantined. That means that hundreds of parents are now probably not going to be able to go to work for the next couple of weeks. This cycle cannot continue.”
“This is the fastest and steepest rise in cases of the entire pandemic. We had a 43% increase in hospitalized COVID cases in Kentucky in one week,” said Kentucky Department for Public Health Commissioner Dr. Steven Stack. “We had a 32% increase in the number of hospitalized COVID patients in the intensive care units in one week. We had a 61% increase in number of COVID-19 patients on a ventilator in just one week. At this rate, in two weeks we will blow past our previous peaks.
“As of today, 15 hospitals that we are aware of have reported staffing shortages. Out of about 96 acute care hospitals in the state, that’s more than 15% of the hospitals having staffing shortages. We must take this seriously and pull together like we have before.”
Dr. Stack said on July 9, 2021, Kentucky had a seven-day average of 4.75 new cases per day per 100,000 people. On August 9, 2021, Kentucky had a seven-day average of 43.83 new cases per day per 100,000 people.
“For hospitalizations, we are seeing the most significant, severe slope, meaning the rate of growth, that we have ever seen. We are doubling the number of Kentuckians hospitalized with COVID-19 every two weeks,” said Beshear.
The Governor encouraged all Kentuckians 12 and older to get a safe and effective COVID-19 vaccine and then sign up for a chance to win $1 million or a full college scholarship at ShotAtAMillion.ky.gov. Two $1 million winners and 10 full-scholarship winners were announced on July 2 and July 30. On Aug. 27, another $1 million winner and five more full-scholarship winners will be announced.
Going into the day Tuesday, only 48 of the state’s 170-plus school districts were requiring masks. Menifee County at first wasn’t going to require masks, but the district changed its mind Monday, the day before Beshear’s mandate. With classes in Menifee County beginning Thursday, we asked Superintendent Tim Spencer about reversing the decision.
“We masked up [Monday] and so far we’ve had a very positive response from that because our number one priority is ensuring that our students and our staff are in a safe environment,” says Spencer.
Superintendent Spencer says his decision was made based on the rise in COVID-19 numbers over the past week in the county.
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