Today, the Governor's authority to issue emergency orders related to the COVID-19 pandemic expires. For the first time since the declaration of the public health and civil preparedness emergencies throughout Connecticut, such authority is not being extended. Instead, Governor Lamont has signed into law House Bill 5047, as amended, which provides the legal framework for COVID-19-related rules going forward.
Masks and Other Operational Rules for Schools
House Bill 5047, as amended, extends the authority of the Commissioners of Education and Early Childhood, in consultation with the Commissioner of Public Health, to issue binding guidance and rules for the operation of schools and childcare settings that each deems necessary to respond to the COVID-19 pandemic. Such authority is extended until June 30, 2022. However, the new law prohibits the Commissioners from rescinding the statewide mask mandate in schools before February 28, 2022. The law also authorizes the Commissioners to continue - or to reinstitute - the mandate at any point from February 28, 2022 through June 30, 2022.
As discussed in our prior post, regardless of any changes to the statewide mask mandate for schools, a current order issued by the Centers for Disease Control and Prevention ("CDC Order") requires that individuals traveling on school buses must continue to wear masks unless an exception applies, as defined in the CDC Order.
Vaccination and Testing Requirements for Covered Workers
Since September 10, 2021, Executive Order 13G has required covered workers in schools to be fully vaccinated against COVID-19 or submit to weekly testing. The new law does not extend the vaccination and testing requirements for covered workers in schools beyond February 15, 2022.
As such, effective February 16, 2022, school districts are no longer required by state law to collect and maintain weekly COVID-19 test results from covered workers who are not fully vaccinated against COVID-19. In addition, school districts will no longer need to require proof of vaccination or approval of a medical or religious exemption from vaccination for prospective employees.
Next Steps
Boards of education and superintendents will be continuing to prepare for a likely change in the statewide mask mandate in schools, the end to the vaccination and testing requirement for unvaccinated employees, and myriad other issues related to these changes. School districts are advised to continue to monitor these issues, including any guidance that may be issued by the State Department of Education and/or Department of Public Health in the coming weeks. Appropriate preparation for these changes may include:
- reviewing and revising any existing Board policies, administrative regulations, and other school district rules and protocols related to masking for all school community members and COVID-19 vaccination and testing for covered workers;
- reviewing and updating, as necessary, mitigating measures to account for any changes to masking, vaccination, and/or testing requirements in the district's schools; and
- developing communications to the school community about any such changes, including, but not limited to, helping parents/guardians navigate these changes with their children.
Lawyers from our School Law Practice Group will be addressing many issues that school districts may be navigating, in light of this new legal landscape, in a webinar on Tuesday, February 22. Anyone interested can register here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.