State school board approves mask mandate, superintendents had urged delay

FRANKFORT, Ky. (WTVQ) – To do nothing would be negligent.

That’s what the state Board of Education was told Thursday before unanimously approving a mask mandate for schools.

The 270-day period is required by a state law approved earlier this year but can be shortened at any time. The law, which remains in a court challenge, said an emergency declaration must cover 270 days.

The mandate includes a number of exemptions and is separate from the 30-day executive order from Gov. Andy Beshear.

In deference to local school boards, state Education Commissioner Jason Glass promised to work with health officials to develop local control standards.

But in the end, doing nothing wasn’t an option.

“Failing to implement a mask requirement, in my opinion, is negligent, given all the information we have and that we have gone over and over and over time and time again, that is negligent. My question is do you want kids back in school? If the answer is yes, then get vaccinated and put on a mask. Do you want kids to be able to play sports? If the answer is yes, then get vaccinated and put on a mask. Do you want to go to work? If the answer is yes, then get vaccinated and put on a mask,” said Lt. Governor Jacqueline Coleman, a former educator who also serves as the state’s Education Commissioner.

The board’s move drew praise from Gov. Andy Beshear. And Glass said superintendents who refused to follow the orders risk losing their license and state funding for their districts.

“We are looking at the options,” Glass said. “But part of the licensing says administrators have to follow state laws and regulations. Not following the order would be a violation.”

The board’s decision came not long after the Local Superintendents Advisory Committee, an 11-member group that provides recommendations and input to the state board, had a spirited 90-minute discussion on the proposal.

In the end, the superintendents recommended the state board table the proposal to allow more time for study and more discussion of keeping the decision on masks in local hands.

“If our goal is to have kids in-person, in class five days a week and that’s our goal here, because last year we had too many kids that didn’t chose that option, I think we have to have a measured and balanced approach to how we are going to deal with this and again, I think, maybe slowing down a little bit and looking at this just a little closer…we don’t want to send the message that we’re not about health and safety because absolutely that is our primary goal,” said Harrison County Superintendent Dr. Harry Burchett during the discussion.

Superintendents from Anderson and Johnson counties as well as Corbin were among those recommending a delay.

But Glass noted having a uniform policy across the state made sense for a number of reasons, especially since the virus is spreading rapidly in every corner of the state and students and families routinely cross county lines.

STATE DEPARTMENT OF EDUCATION RELEASE

The Kentucky Board of Education (KBE) approved an emergency regulation on Aug. 12 to require all individuals inside public school facilities to wear a face covering. The move came at an emergency meeting in response to the highly contagious COVID-19 delta variant.

“It is not the intent of this regulation to have students in masks any longer than is absolutely necessary,” said Kentucky Commissioner of Education Jason E. Glass.

Per state law in Kentucky, emergency regulations are for a period of 270 days, but the KBE indicated they would call a special meeting and withdraw or amend the regulation based upon the changes in guidance from state and national public health officials.

“While mask wearing alone is not a singularly effective strategy, Kentucky schools have already proven last spring that a layered mitigation approach led to returning our students to in-person learning, and kept them there,” said KBE Chair Lu S. Young.

In an interview after the meeting, Glass added, “We need to take the steps necessary to get this virus behind us, which includes the COVID-19 mitigation measures that we have proven effective in Kentucky’s schools. Masking is part of that effort.”

According to the KBE regulation, everyone inside a public school facility must wear a face covering over their nose and mouth while students are present in the facility.

Children under the age of 2, and any person with a disability or physical or mental impairment that prevents them from safely wearing a face covering, are exempt from the regulation. There also are some additional groups and circumstances exempt from the mask requirement under the regulation.

To support the need for the emergency regulation, Robin Kinney, associate commissioner in KDE’s Office of Finance and Operations, cited evidence showing the alarming rise in COVID-19 diagnoses and hospitalization among children.

On Aug. 9, the Kentucky COVID report indicated 269 new cases were reported in a single day for those age 18 and younger, representing 20.1% of the total new cases on that single day. Similar counts were reported in the days following.

Children under 12 are not yet eligible to be vaccinated.

“This is a very busy time as we kick off the new school year in Kentucky,” Kinney said. She noted news reports from states across the country, which were provided to the board, where school started without universal masking requirements and districts had to quarantine staff and students.

The U.S. Centers for Disease Control and Prevention (CDC) has recommended all students and staff wear a mask in schools. Glass had said earlier in the week that KDE’s guidance is “based on science and upon recommendations from public health organizations.” Glass also said “there are certainly competing values that we are all weighing in making these decisions. Our values must be around keeping students and communities safe while prioritizing in-person learning.”

The Local Superintendents Advisory Council (LSAC) met prior to the KBE meeting and voted to recommend the board table the regulation, and encouraged the KDE to work with DPH to develop local metrics for school districts instead.

The board took the LSAC’s recommendation under advisement, however, given the statewide impact of the virus, decided to move forward with approval of the emergency regulation.

“There’s no local anymore,” said KBE member Claire Batt. “We are too interconnected. We travel, we go to the next town and therefore we transmit this virus between our communities.”

Several KBE members, including Young and Batt, said they appreciated the many community members who called or wrote emails expressing their opinions on the emergency regulation.

“I want to thank all the parents who have written and expressed their thoughts,” said Batt. “I really appreciate that you are an advocate for your child, but I do urge you to consider the importance of this act in keeping your child safe.”

Glass shared his appreciation for the board’s decision-making amid the many different opinions on mask mandates.

“I am sensitive to and understand that there are many different perspectives and opinions on the question that’s before you,” said Glass. “In our recommendation to you, the values that we put forth are based on the health and safety of our students and their educational experience.”