Background
The current statewide mask mandate for schools in Connecticut, issued pursuant to Executive Order 9(1), is set to expire at midnight on February 15, 2022, unless the General Assembly acts to amend that expiration date. On February 7, 2022, Governor Lamont held a press conference at which he announced his recommendation that the statewide mask mandate in Connecticut schools extend to February 28, 2022. Under the Governor's recommended proposal, local school districts would have the authority to make decisions about mask requirements in schools, and the Connecticut State Department of Education and/or the Connecticut Department of Public Health would issue guidance to help local leaders make such decisions. The Governor also discussed the possibility that the statewide mask mandate could be reinstated in response to public health needs. Although the Governor did not provide details as to how the mask mandate might be extended to February 28, the General Assembly is expected to consider legislation related to in-school masking in the coming days. We will continue to monitor recommendations made by the Governor and actions taken by the General Assembly, and will provide updates regarding any important legal developments.
School Bus Mask Requirements Remain in Effect
Regardless of any changes to the statewide mask mandate for schools, current federal rules require individuals, including students, staff, and drivers, to wear masks while on school buses. Pursuant to federal statute and regulations, the Centers for Disease Control and Prevention ("CDC") has issued Requirements for Persons to Wear Masks While on Conveyances and Transportation Hubs ("CDC Order"). The CDC Order states that, "unless excluded or exempted as set forth in this Order, a person must wear a mask while boarding, disembarking, and traveling on any conveyance into or within the United States." Of particular note for school districts:
- the term "conveyance" includes, among other things, road vehicles or other means of transport, and the CDC has provided clarifying guidance that such Order applies to school buses;
- the Order applies to interstate and intrastate travel, as well as to conveyance operators;
- the Order includes exemptions for (1) children under the age of two, (2) individuals with disabilities who cannot wear a mask or cannot safely wear a mask because of a disability as defined by the ADA, and (3) individuals for whom wearing a mask would create a risk to workplace health, safety, or job duty as determined by workplace safety guidelines or federal regulations; and
- the Order remains in effect unless modified or rescinded or until the U.S. Secretary of Health and Human Services rescinds the determination that a public health emergency exists.
In light of the above, until the CDC Order is modified or rescinded, or the federal public health declaration ends, individuals traveling on school buses must continue to wear masks unless an exception applies, as defined in the CDC Order.
Policy Considerations and Next Steps
Boards of education and superintendents understandably will be starting to prepare for a likely change in the statewide mask mandate in schools. Importantly, the authority and considerations for decision-making of boards and their administrations with respect to masks in schools likely will depend on the action taken or not taken by the General Assembly over the next several days. Such legislative action could include enacting legislation to codify the Governor's recommended plan or something different. At this time, we recommend that boards and superintendents review their existing policies and administrative regulations related to health and safety protocols and/or requirements in light of the expected changes in the statewide mask mandate. Understanding which policies and administrative regulations may be implicated or need revision, and board-specific procedures for amending or revising such policies and regulations, will put school districts in a position to respond promptly to any changes in the law.
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