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Documenting America’s Path to Recovery: August 17, 2020

Each day, we:

  • Track the status of reopening in all 50 states.
  • Compare the status of one industry or activity across the country.
  • Answer key questions about state school reopening plans.
  • Give you the latest stories on other reopening plans and ideas.

Want to know what happened Friday? Click here.

The next 24 hours

What is changing in the next 24 hours?

  • Illinois (Democratic trifecta): Gov. J.B. Pritzker announced new mitigation measures for the state’s Metro East region (St. Louis suburbs), effective Aug. 18.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here. For our last edition, click here.

  • Alaska (divided government): Gov. Mike Dunleavy (R) announced the state accepted President Donald Trump’s (R) partial extension of unemployment benefits. Alaska will pay $300 per week in unemployment benefits while the federal government provides an additional $300 per week.
  • Arizona (Republican trifecta): Beginning Aug. 17, school districts were allowed to reopen to in-person instruction if they meet metrics the state Department of Health released the week of Aug. 3. For a district to reopen, its county must have a two-week drop in the number of COVID-19 cases, a two-week period where the percent of positive cases is below 7%, and less than 10% of hospital visits must be COVID-19 related.
  • Georgia (Republican trifecta): On Aug. 15, Gov. Brian Kemp (R) signed an executive order allowing local governments to enact mask mandates. The order prevents local mandates from resulting in fines or penalties against private businesses or organizations and limits penalties against individuals to $50. State policy previously prevented local governments from issuing their own mandates. That policy led to a lawsuit between Kemp and the city of Atlanta. You can read more about that lawsuit here.
  • Michigan (divided government): The Michigan High School Athletic Association (MHSAA) voted to cancel the fall football season. MHSAA President Mark Uyl said, “We have done everything possible to find that pathway forward for our football kids this fall and we simply ran out of time with the evidence to be able to do that safely.”
  • Nevada (Democratic trifecta): The Nevada Interscholastic Activities Association announced that no school sports would be allowed to begin until January. Winter sports may begin a six-week season on Jan. 2, followed by fall sports (delayed from fall 2020), and then spring sports.
  • New Jersey (Democratic trifecta): Gov. Phil Murphy (D) issued an executive order requiring county election officials to send a mail-in ballot to all active registered voters.
  • North Carolina (divided government): Schools in the state were allowed to reopen beginning Aug. 17. Based on state guidelines, most K-12 districts will begin the year with at least some online learning.
  • Ohio (divided government): On Aug. 15, the Ohio Department of Health said the state would not allow face shields to be substituted for face masks in schools unless a child meets certain exceptions. The health department cited CDC guidance saying it is unknown how effective face shields are at protecting from respiratory droplets.
  • Oregon (Democratic trifecta): Malheur County in eastern Oregon moved from Phase 2 to Phase 1 on Aug. 17 by an executive order from Gov. Kate Brown (D). Malheur County is the third county Brown has returned to a previous phase due to a rise in coronavirus cases.
  • West Virginia (Republican trifecta): Gov. Jim Justice (R) announced a color-coded school reopening metric for counties. Schools in green and yellow counties will be able to reopen for in-person instruction on the statewide school reentry date (currently Sept. 8, but a finalized date may not be available until Sept. 1). Schools in red and orange phase counties will be required to conduct fully remote operations. Fifty-two out of the state’s 55 counties are currently in the green or yellow phases.

Tracking industries: Face coverings

All 50 states are reopening in some way. Here, we give the status of one industry or activity across the states. Today’s question: in which states must you wear a face covering in public?

We last looked at face coverings in the Aug. 10th edition of the newsletter. Since then, no new states have adopted a mask mandate or let a mask mandate expire. On Aug. 15, Georgia Gov. Brian Kemp (R) signed an executive order allowing local governments to enact mask mandates.

This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year.

Minnesota’s Safe Learning Plan for 2020-21

On July 30, Gov. Tim Walz (D) announced the state’s guidelines for school reopening, the Safe Learning Plan for 2020-21. Walz stated, “As a classroom teacher for more than 20 years and a parent of a child in public schools, I am committed to providing a world-class education to our students while keeping them and their teachers safe. With this approach, we are pairing the knowledge and data from our Departments of Health and Education with the expertise of our local school districts to make the best decisions for our students across the state.”

Minnesota does not have a statewide date for public schools to reopen—individual districts that meet the state’s requirements can set their own timelines, depending on the virus’ effect on their community. According to EdWeek, public schools in Minnesota traditionally start the academic year after Labor Day, with the exact start date varying by district.

On March 15, Walz announced the closing of all K-12 schools in the state from March 18 to March 27. On March 25, Walz extended the closures until May 1. Walz closed schools for the remainder of the academic year on April 23.

Context

Minnesota has a divided government. The governor is a Democrat, and Democrats have a majority in the state House while Republicans have a majority in the state Senate. The state has had a divided government since 2015.

The following tables show public education statistics in Minnesota, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Minnesota public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $16,145 15
Number of students (’18-’19) 889,294 21
Number of teachers (’16-17) 56,715 20
Number of public schools (’18-’19) 2,555 11
Student:teacher ratio (’18-’19) 15.4 21
Percent qualifying for free/reduced lunch (’16-’17) 37.7% 45
Minnesota public school revenue
Category Figure 50-state rank
Total revenue $12,183,690,000 16
Percent from federal sources 5.7% 44
Percent from state sources 66.7% 5
Percent from local sources 27.5% 43

Details

District reopening plans

Districts are responsible for developing their own reopening plans in coordination with local health departments. The guidance does not say whether the plans must be posted publicly.

In-person, hybrid, and online learning

Local school districts determine the specific model for learning. That decision must be based on health data and made in coordination with state guidelines. School districts are given the base model for the type of instruction from the state based on the county’s health data for the previous two weeks. The guidance document specifies which model is required based on the data:

Number of cases per 10,000 over 14 days, by county of residence Learning Model
0-9 In-person learning for all students
10-19 In-person learning for elementary students; hybrid learning for secondary students
20-29 Hybrid learning for all students
30-49 Hybrid learning for elementary students; distance learning for secondary students
50+ Distance learning for all students

Schools are then required to consult with local public health officials and choose a model for the start of the year. Individual districts can decline or limit in-person instruction at their own discretion, even if the state’s guidelines permit it. After the year begins, schools are to monitor the local health data to determine if a change in learning model is required.

All students also have the option to attend virtually. According to the Minnesota Department of Education, “Regardless of which learning model is being implemented at the school building, all school districts and charter schools must offer an equitable distance learning model to all families who choose not to attend in-person learning due to medical risks or other safety concerns.”

Mask requirements

All faculty, staff, and students are required to wear face coverings, with exceptions for children under the age of five and those with documented disabilities that make wearing a face covering unreasonable. The state will provide one cloth mask for every teacher, staff member, and student in public schools.

In-person health recommendations and requirements

When learning is done in person, all schools are required to have a preparedness plan that addresses health and safety practices. The state’s guidance document does not provide specific requirements, but it does say each school’s preparedness plan should address the following:

  • Maintaining social distancing of at least 6 feet between people,
  • Meeting face covering requirements,
  • Cleaning of high-touch surfaces throughout the day,
  • Limiting nonessential visitors, volunteers, or external groups,
  • Incorporating hygiene education and routines,
  • Discontinuing large gatherings or activities that do not allow for social distancing,
  • Monitoring the health of students and staff while following an exclusion policy for those with COVID-19 symptoms, and
  • Requiring personal protective equipment (PPE) for staff who provide direct support services.

The state’s planning guide encourages the use of playground equipment if six feet of physical distancing is possible. The state also requires markers on the floor in high traffic areas to encourage distancing and requires that schools discontinue self-service of food in cafeterias.

If a student or staff member tests positive for COVID-19 or comes in close contact with someone who has tested positive, they must quarantine for 14 days. School districts are required to develop a testing and response strategy with local public health officials to determine the best practices for responding to positive cases and symptomatic students.

Transportation and busing requirements and restrictions

The plan requires all students and staff to wear face coverings while on school transportation. If a school is operating under a hybrid model with social distancing requirements, buses are limited to 50% capacity, according to the state’s planning guide for schools.

Responses

After the plan was unveiled, Deb Henton, executive director of the Minnesota Association of School Administrators, said, “I do believe that our educators in the state are going to be happy with the decision. Some school districts are going to have to be in the full-on distance learning mode that they may not have wanted to be in, but they understand.”

Wisconsin’s Education Forward

The Wisconsin Department of Public Instruction released Education Forward, its guidance document for school reopening, on June 22. State Superintendent Carolyn Stanford Taylor said, “The next school year will be likely be [sic] different from the learning environment students and teachers have grown accustomed to. Education Forward is meant to provide information for educators and school officials as they make decisions regarding their school operations to keep all students and staff safe while learning.”

On July 7, Gov.Tony Evers (D) said the state’s plan allows local districts to make reopening decisions they feel are right for their communities. He told The Capital Times, “It’s important for school districts and parents and kids to be prepared but at the end of the day, I would not consider a district who offers a hybrid where it’s partially in school, partially online to be failing in their responsibilities. They have to make that decision locally.”

Wisconsin does not have a statewide date for public schools to reopen—individual districts that meet the state’s requirements can set their own timelines. According to EdWeek, public schools in Wisconsin typically start the academic year on September 1 or later, with the exact start date varying by district.

On March 13, Evers closed all K-12 schools across the state from March 18 through April 5. He extended the closure indefinitely on March 17 before closing them for the remainder of the year on April 16.

Context

Wisconsin has a divided government. The governor is a Democrat, and Republicans have majorities in both chambers of the state legislature. The state has had a divided government since 2019.

The following tables show public education statistics in Wisconsin, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Wisconsin public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $13,739 22
Number of students (’18-’19) 859,329 22
Number of teachers (’16-17) 59,011 18
Number of public schools (’18-’19) 2,274 16
Student:teacher ratio (’18-’19) 14.5 30
Percent qualifying for free/reduced lunch (’16-’17) 37.4% 46
Wisconsin public school revenue
Category Figure 50-state rank
Total revenue $11,197,990,000 19
Percent from federal sources 7.5% 35
Percent from state sources 45.9% 27
Percent from local sources 46.6% 20

Details

District reopening plans

The Education Forward guidance document is not binding on local districts, which are responsible for developing their own specific reopening plans.

In-person, hybrid, and online learning

The guidance document outlines all-remote, physically distanced (hybrid), and full-time in-person learning options for localities to consider. School districts are allowed to determine and implement the best learning model for their community’s needs. In-person learning, according to the plan, is defined as a situation where “the vast majority of students attend in-person. Some students (those with health concerns) may participate virtually on an as-needed basis.” In the physically distanced learning model, “learning occurs both in-person and virtually, utilizing classrooms, outdoor learning spaces, homes, and community-based organizations.” The virtual learning option allows education to take place completely remotely “using digital, analog, synchronous, asynchronous, or hybrid instructional models.”

Mask requirements

The plan recommends teachers, staff, and students wear masks whenever feasible—face coverings are not required.

In-person health recommendations and requirements

For in-person learning, the guidance document recommends physical distancing of six feet or more. The document also recommends schools implement daily health screenings and temperature checks. To reduce traffic and keep students physically distanced, the guidelines recommend modifications to collective lunch times (staggering lunch times, choosing alternative spaces to eat, or implementing a lunch delivery to classrooms). The plan also recommends districts and schools stagger recess, arrival, and departure times. The document recommends schools adopt their own policies and procedures to comply with local social distancing ordinances.

The document says schools are responsible for informing local public health officials when students or faculty test positive for or exhibit symptoms of the coronavirus.

Transportation and busing requirements and restrictions

The guidance document does not offer specific recommendations for transportation and busing. It does say districts should “collaborate with transportation vendors to implement a busing plan meeting social distancing requirements, if necessary. Include a plan for pick-up, in-transit, drop off, and cleaning and disinfection protocols.”

Responses

The Wisconsin Education Association Council said local teachers should be involved in school and district decision-making. On Aug. 1, WEAC President Ron Martin said, “WEAC believes any plan for reopening schools must ensure the health and safety of our students and staff and also prioritize long-term strategies on student learning and educational equity. We must have the time and resources to reopen safely… but that requires funding. WEAC restates our stance that all decisions must be guided by science. We want nothing more than to be back at school with our students, but we can only be there safely when the Badger Bounce Back benchmarks are met.”

Additional activity

In this section, we feature examples of other federal, state, and local government activity, as well as influencers relevant to recovering from the pandemic.

  • On Aug. 11, three families filed suit in Washington’s Thurston County Superior Court, arguing that the state’s remote education plans, implemented in response to the COVID-19 pandemic, deny their special needs children the right to a basic education. The plaintiffs allege violations of Article IX, Sections 1 and 2, of the Washington Constitution, which guarantee all students a basic education, and the Basic Education Act, which requires an annual average of at least 1,000 to 1,080 instructional hours over the course of at least 180 school days. The plaintiffs allege the state’s approved instruction methods are “inaccessible to those students with disabilities who need intense support in order to learn and make progress,” and infringe on their right to a basic education. Randy Spaulding, the executive director of the State Board of Education said, “The State Board believes it has acted in a legal and appropriate manner in this difficult time of the COVID-19 pandemic.”
  • Gov. Tate Reeves (R) announced he is limiting attendees at Mississippi K-12 sporting and extracurricular events to two spectators for each student participating.
  • The University of North Carolina at Chapel Hill announced it was switching to fully remote instruction, effective immediately. Since in-person instruction began on Aug. 10, four separate clusters of coronavirus spread were identified.


Democratic National Convention begins with speeches from Sanders, Michelle Obama

Ballotpedia's Daily Presidential News Briefing
August 17, 2020: The Democratic National Convention begins on Monday with speeches from Bernie Sanders, John Kasich, Michelle Obama, and others. The Trump campaign is launching a seven-figure digital ad campaign during the Democratic National Convention.

        

Notable Quote of the Day

“If we look at the history of modern conventions, it’s tempting to dismiss the large, in-person gatherings of power players from all around the country as pageantry. But if you look closer, you’ll notice that conventions have played an important role for different wings of the party, who may disagree with party leadership and want to generate their own media attention.

Granted, this has become harder to do over the years, especially as conventions have become more TV-centric and prepackaged. And that will likely be particularly true this year given the pandemic. But that doesn’t mean conventions have lost all meaning. Even if nothing is actually decided at the conventions, they still shine a spotlight on the parties, illuminating emerging factions and up-and-coming politicians, setting the stage for — and creating — the future of each party. That’s why it’s unfortunate that this year’s format has to be virtual — and why one should hope that it won’t be the new normal.”

– Julia Azari, associate professor of political science at Marquette University

Election Updates

  • The Demoocratic National Convention begins Monday with speeches from Sen. Bernie Sanders, former Ohio Gov. John Kasich (R), former First Lady Michelle Obama, and others. The convention will take place virtually across four stages in New York City, Los Angeles, Milwaukee, and Wilmington, Delaware. Votes on reports from the Rules, Platform, and Credentials committees were collected remotely from August 3-15. The results will be announced on Monday.
  • Joe Biden released his first campaign ad featuring Kamala Harris as his running mate on Saturday. The clip, which targets Latino voters in Arizona and Florida, is also the campaign’s first bilingual ad, using a mixture of English and Spanish in the narration.
  • Donald Trump announced on Saturday that his younger brother, Robert Trump, had died.
  • Trump is launching a large digital ad campaign on YouTube and other digital platforms, like Hulu, during the Democratic National Convention. The spending, which could reach $10 million, includes an ad on the main banner of YouTube for four days beginning on Tuesday and ad space on The Wall Street JournalThe Washington Post, and FoxNews.com.
  • The Police Benevolent Association, which represents 24,000 officers in the New York Police Department, endorsed Trump on Friday. The union’s president, Pat Lynch, said he could not recall the organization ever endorsing a president before.

What We’re Reading

Flashback: August 17, 2016

Donald Trump received his first classified national security briefing.

Click here to learn more.



Documenting America’s Path to Recovery: August 14, 2020

Each day, we:

  • Track the status of reopening in all 50 states.
  • Compare the status of one industry or activity across the country.
  • Answer key questions about state school reopening plans.
  • Give you the latest stories on other reopening plans and ideas.

Want to know what happened yesterday? Click here.

The next 72 hours

What is changing in the next 72 hours?

  • Arizona (Republican trifecta): Beginning Aug. 17, school districts are allowed to reopen to in-person instruction if they meet metrics the state Department of Health released the week of Aug. 3. For a district to reopen, its county must have a two-week drop in the number of COVID-19 cases, a two-week period where the percent of positive cases is below 7% and less than 10% of hospital visits are COVID-19 related.
  • New York (Democratic trifecta): On Friday, Aug. 14, Gov. Andrew Cuomo (D) announced the state would issue reopening guidance for gymnasiums on Aug. 17. Cuomo also said museums, aquariums, and other “low-risk cultural activities” could reopen in New York City on Aug. 24.
  • Oregon (Democratic trifecta): Gov. Kate Brown (D) issued an order moving Malheur County, which is in eastern Oregon, from Phase 2 to Phase 1 on Aug. 17, owing to a rise in coronavirus cases. Malheur County is the third county Brown has returned to a previous phase.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here. For our last edition, click here.

  • Arizona (Republican trifecta): Arizona Department of Education Superintendent Kathy Hoffman criticized districts choosing to reopen fully in-person on Aug. 17 despite not meeting the state’s reopening metrics released last week. Gov. Doug Ducey (R) defended the districts, saying local leadership was responsible for making them.
  • Arkansas (Republican trifecta): Gov. Asa Hutchinson (R) released the Arkansas Ready to Learn Healthy School Guide. The document is a support guide for teachers and administrators created in partnership with Arkansas Children’s Hospital and the University of Arkansas for Medical Sciences. The guide outlines best practices for in-person learning. Schools are allowed to reopen on Aug. 24.
  • Hawaii (Democratic trifecta): Gov. David Ige (D) announced he is considering issuing a new stay-at-home order and delaying the reopening of trans-Pacific tourism. The resumption of tourism was set to coincide with the launch of a pre-travel testing program on Sept. 1.
  • Louisiana (divided government): Gov. John Bel Edwards (D) announced the state accepted President Donald Trump’s (R) partial extension of unemployment benefits. Louisiana will pay $300 per week in unemployment benefits while the federal government provides an additional $300 per week. The payments will be retroactive to Aug. 1.
  • Massachusetts (divided government): The deadline for schools to submit reopening plans is Aug. 14. The state Department of Elementary and Secondary Education will post all approved plans online.
  • New Hampshire (divided government): Gov. Chris Sununu (R) outlined guidelines for combating community spread of coronavirus in schools. Evidence of transmission between classrooms and cohorts will be classified as an outbreak and would allow school officials to revert to remote learning for two weeks.
  • New Mexico (Democratic trifecta): On Aug. 13, Gov. Michelle Lujan Grisham said the seven-day average of new COVID-19 cases needs to fall to 168 or less before she considers further reopenings.
  • New York (Democratic trifecta): Gov. Andrew Cuomo (D) announced that low-risk cultural activities, including museums and aquariums, could reopen beginning Aug. 24. Such locations may reopen at 25% capacity with timed ticketing, staggered entry, and mandatory face coverings.
  • Ohio (Republican trifecta): Gov. Mike DeWine (R) on Aug. 13 released an updated Ohio Public Health Advisory Alert System map, which relies on a four-tiered classification system to show each county’s coronavirus risk. Three counties in the state were moved to Level 3, which the state defines as a “public emergency.” As of Aug. 13, the Ohio Department of Health has placed 12 counties in Level 3.

Tracking industries: Bars

All 50 states are reopening in some way. Here, we give the status of one industry or activity across the states. Today’s question: in which states may you go out for a drink?

We last looked at bars in the August 7th edition of the newsletter. Since then, no states have opened or closed bars. At an Aug. 13 news conference, Texas Gov. Greg Abbott (R) said he would need to see hospital capacity increase and the state’s positivity rate fall below 10% for a “sustained period of time” before he would consider reopening bars.

This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year.

Michigan’s Safe Schools Return to School Roadmap

On June 30, Gov. Gretchen Whitmer (D) and the state’s Return to School Advisory Council released the Safe Schools Return to School Roadmap, a list of guidelines for reopening Michigan’s public schools for fall 2020. Whitmer said, “Thanks to our aggressive action against this virus, the teachers who have found creative ways to reach their students, and the heroes on the front lines, I am optimistic that we will return to in-person learning in the fall. The MI SafeSchools Return to School Roadmap will help provide schools with the guidance they need as they enact strict safety measures to continue protecting educators, students, and their families.”

On June 25, the Michigan Education Association (MEA) outlined its priorities for reopening schools in the fall, emphasizing safety, meeting diverse student needs, and increased funding. MEA President Paula Herbart said, “We owe it to our students to do everything in our power to return to school in the fall — but only if we can keep them, their families and the school employees who serve them safe. No one has a crystal ball about how this ongoing pandemic is going to unfold, but we can come up with minimum requirements needed to move forward with in-person learning.”

Michigan does not have a statewide date for public schools to reopen—individual districts that meet the state’s requirements can set their own timelines. According to EdWeek, public schools in Michigan traditionally start the academic year after Labor Day, with the exact start date varying by district.

On March 12, Whitmer closed all schools in the state until April 5. On April 2, Whitmer announced that schools statewide would remain closed for the rest of the academic year.

Context

Michigan has a divided government. The governor is a Democrat, and Republicans have majorities in both chambers of the state legislature. The state has had a divided government since 2019.

The following tables show public education statistics in Michigan, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Michigan public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $12,830 27
Number of students (’18-’19) 1,456,336 10
Number of teachers (’16-17) 83,597 12
Number of public schools (’18-’19) 3,754 6
Student:teacher ratio (’18-’19) 17.7 9
Percent qualifying for free/reduced lunch (’16-’17) 45.7% 29
Michigan public school revenue
Category Figure 50-state rank
Total revenue $19,452,849,000 9
Percent from federal sources 9.2% 23
Percent from state sources 60.2% 10
Percent from local sources 30.6% 42

Details

District reopening plans

Individual districts are responsible for developing their own reopening plans. Districts were required to file their plans with the state. Chalkbeat Detroit published a list of district reopening plans here.

In-person, hybrid, and online learning

The state’s school reopening plan closely follows the state’s economic reopening plan, linking specific policies for schools to the phase of economic reopening in that district. The plan outlines four scenarios for instruction during the economic reopening:

  • Schools open for in-person instruction with minimal required safety protocols (MI Safe Start Phase 6)
  • Schools open for in-person instruction with moderate required safety protocols (MI Safe Start Phase 5).
  • Schools open for in-person instruction with more stringent required safety protocols (MI Safe Start Phase 4).
  • Schools do not open for in-person instruction and instruction is provided remotely (MI Safe Start Phases 1-3).

Mask requirements

Depending on the phase of reopening in a district, there are different requirements for wearing masks or facial coverings. If the district is in Phase Four of the state’s reopening, all students and staff are required to wear facial coverings. In Phase Five, facial coverings are strongly recommended for all. In Phase Six, no facial covering recommendations are made.

In-person health recommendations and requirements

In Phase Four of the reopening plan, all students, staff, and visitors must take a health screening before entering the building, and all desks must be placed at least six feet apart. Indoor assemblies are limited to those with no more than one class. Meals are recommended to be staggered and taken in outdoor spaces to allow for six feet of social distancing. Off-site field trips are also suspended in this phase, and recess is recommended to be done outdoors with one class. If more than one class is at recess, the state recommends all students wear facial coverings.

In Phase Five, most of the requirements from Phase Four become recommendations. The plan emphasizes promoting social distancing to the greatest degree possible and recommends moving desks to allow six feet of distance. Gatherings like recess or assemblies should comply with executive orders about gathering sizes and should stress social distancing. Field trips are permitted, but facial coverings are required for transportation to and from the field trip site.

In Phase Six, safety protocols are no longer required.

In all phases, if a student or staff member shows symptoms of COVID-19, they are required to isolate and obtain a test. If a student or staff member tests positive, the guidelines require that student to isolate until they have a negative test or have quarantined for the amount of time outlined by the CDC. In the case of a positive test, those who were in close contact with the positive individual are recommended to quarantine and get a test.

Transportation and busing requirements and restrictions

In Phase Four of the state’s reopening plan, students and staff are required to wear masks and use hand sanitizer upon entering the bus. In Phase Five of the plan, facial coverings are strongly recommended on the bus. In Phase Six, safety protocols are no longer required on buses or transportation.

Responses

Michael Rice, state Superintendent of Instruction, praised the guidelines for return, saying, “This is a thoughtful set of parameters under which we can return safely and realistically to school in the fall. If we follow our health protocols, both inside school and out, we have the opportunity to stay in school longer next school year than if we assume that the pandemic has run its course. It hasn’t.”

MEA President Paula Herbart expressed concern for teacher and student safety in school reopening plans, saying in a video to teachers on July 22, “If medical experts say it’s not safe for us to return to buildings to teach students face-to-face, then we can’t and we won’t. If school districts are keeping you and your members out of the process, making decisions about returning to school that don’t include you, and are ignoring you at the bargaining table, then they’ll see us in court.”

Washington’s Reopening Washington Schools 2020

On June 11, Washington Superintendent of Public Instruction Chris Reykdal released Reopening Washington Schools 2020, a guidance document developed by the Reopening Washington Schools 2020 Workgroup with health and safety recommendations from the state Department of Health.

Gov. Jay Inslee (D) said, “We all want students back in educational settings, but we must continue to monitor health data carefully, and proceed with caution. This virus is unpredictable and has upended our regular ways of doing everything. Therefore, if COVID cases spike or spread, we may need to reassess this plan. We cannot guarantee that school will open in fall. But for now, this guidance provides a path that schools, educators and families need to plan for the coming months and the fall. Kids need to be learning but they also need to be safe and healthy.”

Washington does not have a statewide date for public schools to reopen—individual districts that meet the state’s requirements can set their own timelines, depending on conditions in their community. According to EdWeek, public schools in Washington traditionally start the academic year in late August to early September, with the exact start date varying by district.

On March 13, Inslee ordered all K-12 schools in the state to close for six weeks, effective March 17. On April 6, Inslee closed schools for the remainder of the academic year.

Context

Washington has a Democratic trifecta. The governor is a Democrat, and Democrats hold majorities in both chambers of the state legislature. The state became a Democratic trifecta in 2017.

The following tables show public education statistics in Washington, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Washington public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $14,530 19
Number of students (’18-’19) 1,124,582 14
Number of teachers (’16-17) 58,815 19
Number of public schools (’18-’19) 2,445 13
Student:teacher ratio (’18-’19) 18.2 8
Percent qualifying for free/reduced lunch (’16-’17) 43.6% 36
Washington public school revenue
Category Figure 50-state rank
Total revenue $13,606,501,000 15
Percent from federal sources 7.6% 34
Percent from state sources 61% 9
Percent from local sources 31.4% 40

Details

District reopening plans

Districts are required to develop their own reopening plans which must be approved through a local board resolution. Districts then must file their plans with the Office of the Superintendent for Public Instruction and the State Board of Education within two weeks of the district’s fall starting date.

In-person, hybrid, and online learning

Individual districts are responsible for developing a schedule for returning to school. The guidance document specifies that alternative and hybrid schedules are to be implemented only if social distancing and other health requirements cannot be met:

In partnership with their students, families, staff, and local health authorities, school districts will have the flexibility to choose and adapt a concept and schedule that works best for their school community in the 2020–21 school year. … All districts must be prepared to shift to continuous remote learning should there be a need for a short- or -long-term school facility closure.

Mask requirements

Students, volunteers, or guests must wear cloth face coverings at school. Students are permitted to use face shields rather than a cloth covering. Staff are required to wear face coverings unless they are working alone.

In-person health recommendations and requirements

Physical distancing of at least six feet is required in schools, but how to achieve that is left to individual districts. The guidance document says that in addition to keeping students in cohorts, districts should, “practice physical distancing (six feet) within each group of students as much as possible. Create space between students and reduce the amount of time they are close with each other. Your ability to do this will depend on students’ ages and developmental and physical abilities.”

The document also recommends limiting the number of students in common spaces, such as cafeterias, and suggests holding lunch periods outside when possible. This may also be done “through meal delivery to classes, or through grab-and-go services. If using the cafeteria, have students sit with their class or group, and ensure physical distance between students and between groups.”

If a student or staff member shows symptoms of COVID-19, districts are advised to “separate the person away from others, with supervision at a distance of six feet, until the sick person can leave.” In the case of a positive COVID-19 test,  “the local health jurisdiction will advise, but it is likely that many of the student’s classmates will be considered close contacts and need to be quarantined for 14 days.”

Transportation and busing requirements and restrictions

Schools are required to develop a system for drop-off and pick-up that keeps families at least six feet from each other and reduces their need to enter the school. For school buses and transportation, the guidelines require that districts:

  • Maximize outside air and keep windows open as much as possible
  • Encourage walking, biking, or being driven by caregivers as much as possible
  • Riders and staff members must wear a cloth face covering
  • Clean and disinfect frequently touched surfaces
  • Keep riders as far apart as possible on the bus

Responses

On July 27, the Washington Education Association posted a statement to its website calling for Inslee to mandate fully virtual reopening of public instruction. The statement read, in part, “We know that in-person teaching and learning is best for both students and educators, and educators want nothing more than to get back into schools with our students. The reality is that, with very few exceptions, we are nowhere close to containing the spread of this virus and nowhere close to being able to guarantee the health and safety of our students, educators, families, and communities.  Therefore, we cannot responsibly support a return to school buildings for in-person learning this fall.  We call on Governor Inslee to continue leading with science and safety and declare that schools will open remotely this fall.”

Additional activity

In this section, we feature examples of other federal, state, and local government activity, as well as influencers relevant to recovering from the pandemic. 

  • Kansas City Mayor Quinton Lucas extended the city’s state of emergency through Jan. 16, 2021. The move also extended the city’s mask mandate.


Ballotpedia’s Weekly Presidential News Briefing: August 8-14, 2020

Ballotpedia's Weekly Presidential News Briefing
Every weekday, Ballotpedia tracks the news, events, and results of the 2020 presidential election.

       

Notable Quotes of the Week

“Now Biden’s selection of Harris has lent his campaign a thematic clarity that it didn’t have before. In a year of calamities whose effects have been especially painful in Black communities—the coronavirus pandemic, massive unemployment stemming from enforced shutdowns, and the police killing of George Floyd, in Minneapolis—each of the signal moments of Biden’s campaign has concerned the legacy of the civil-rights movement.”

– Benjamin Wallace-WellsThe New Yorker

“In selecting Harris, Biden has opened the door to the Trump campaign. And Trump should take full advantage. Biden’s alleged moderation means nothing if he is willing to place Kamala Harris one heartbeat from the presidency. Biden’s entire campaign strategy has now been undercut — all in a vain attempt to please the Twitterati, who will remain pleased for precisely seven seconds. Trump should be ecstatic. The race is on. And that’s all on Biden.”

– Ben ShapiroRealClearPolitics

Week in Review

Biden announces Harris as vice presidential running mate

Joe Biden selected Sen. Kamala Harris (Calif.) as his running mate on Tuesday afternoon.

“I have the great honor to announce that I’ve picked @KamalaHarris — a fearless fighter for the little guy, and one of the country’s finest public servants — as my running mate,” Biden tweeted. “Back when Kamala was Attorney General, she worked closely with Beau. I watched as they took on the big banks, lifted up working people, and protected women and kids from abuse. I was proud then, and I’m proud now to have her as my partner in this campaign.”

Harris, who suspended her presidential campaign in December 2019, will be the first Black woman on a major party’s ticket.

The Donald Trump campaign responded to Harris’ selection in a statement, saying, “Joe Biden is no moderate, and with Harris as his ‘political living will,’ he is surrendering control of our nation to the radical mob with promises to raise taxes, cut police funding, kill energy jobs, open our borders, and appease socialist dictators.”

Biden-Harris ticket raises $48 million in first 48 hours

Biden and Harris made their first joint appearance on Wednesday in Wilmington, Delaware. Their speeches focused on Harris’ selection and background, the federal response to the coronavirus, and the economy.

The Biden campaign said it raised $48 million in the first 48 hours after Biden announced Harris as his running mate.

Trump signs four executive orders on coronavirus economic recovery

Trump signed four executive actions on Saturday for coronavirus economic relief. The actions will allow payment of $400 weekly of additional jobless benefits, funded from the Disaster Relief Fund and state governments; identify temporary financial assistance to renters and homeowners; defer the 6.2% Social Security tax on wages from September 1 through December 31; and extend the moratorium on monthly student loan payments with zero interest.

Obamas and Bidens will headline Democratic National Convention

The Democratic National Committee released a schedule and list of speakers for the Democratic National Convention next week. The following speakers will headline each night: Michelle Obama (August 17), Jill Biden (August 18), Barack Obama and the vice presidential nominee (August 19), and Joe Biden (August 20).

Trump campaign on the road in battleground states

The Trump campaign launched two national bus tours—one in Pennsylvania and one in Florida—that will travel across the country over the next three months.

Mike Pence campaigned in Arizona on Tuesday with stops in Tucson and Mesa. He accepted an endorsement from the Arizona Police Association and launched an outreach campaign to members of the Church of Jesus Christ of Latter Day Saints.

Trump said he would campaign in Pennsylvania, Wisconsin, Minnesota, and Arizona during the Democratic National Convention. The trip will include a stop in Biden’s hometown, Scranton, on August 20.

Trump opposes additional USPS funding, universal mail-in voting

Trump said universal mail-in voting would not be possible without additional funding for the USPS, which he said he opposed. “They need that money in order to have the post office work so it can take all of these millions and millions of ballots,” Trump said. “If they don’t get those two items, that means you can’t have universal mail-in voting because they’re not equipped to have it.”

Want more? Find the daily details here:

Campaign Ad Spotlight

Poll Spotlight

What We’re Reading

Flashback: August 10-14, 2016

  • August 10, 2016: The Clinton campaign launched Together for America, a group focused on recruitment of and outreach to independents and Republicans.
  • August 11, 2016: Donald Trump expanded his economic advisory team, including Anthony Scaramucci and top Republican donors Diane Hendricks and Liz Uihlein.
  • August 12, 2016: Hillary Clinton released her 2015 tax return showing she and President Bill Clinton reported income of $10.7 million and an effective federal tax rate of 34.2 percent.
  • August 13, 2016: During a rally in Connecticut, Donald Trump said that he was considering pulling the press credentials for The New York Times. 
  • August 14, 2016: U.S. Rep. Mark Sanford (R-S.C.) wrote an op-ed in The New York Times calling on Trump to release his tax returns.

Click here to learn more.



Trump opposes additional USPS funding, universal mail-in ballots

Ballotpedia's Daily Presidential News Briefing
August 14, 2020: Donald Trump said universal mail-in voting would not be possible without additional funding for the USPS, which he said he opposed. Mike Bloomberg will speak at the Democratic National Convention on August 20.

Notable Quote of the Day

“Yet the coronavirus outbreak continues to cast a large shadow over the 2020 presidential election. Just half of U.S. registered voters (50%) say it will be very or somewhat easy to vote in the upcoming elections, while about the same share (49%) expects to have difficulties casting a ballot. That is a substantial change since October 2018, shortly before that year’s midterm elections, when 85% of registered voters said it would be easy to vote.

Voters who support Donald Trump are far more likely than those who support Joe Biden to say it will be easy to vote this year. However, the shares of both Trump and Biden supporters who expect it will be easy to vote are much lower than the shares of voters who said this in 2018 – regardless of which party’s candidate they supported.”

– Pew Research Center

Election Updates

  • The Joe Biden campaign said it raised $48 million in the first 48 hours since Biden announced Sen. Kamala Harris was his running mate.

  • According to an internal Biden campaign document obtained by HuffPost, the talking points about Harris include the following notes: “high popularity among suburban women”, “tough questioner,” “deeply respected member of the Black community,” and her track record on immigration.

  • Former New York City Mayor Mike Bloomberg was added to the speaker list at the Democratic National Convention for August 20, the final day of the event.

  • Donald Trump said universal mail-in voting would not be possible without additional funding for the USPS, which he said he opposed. “They need that money in order to have the post office work so it can take all of these millions and millions of ballots,” Trump said. “If they don’t get those two items, that means you can’t have universal mail-in voting because they’re not equipped to have it.”

  • The Andrew W. Mellon Auditorium in Washington, D.C., will serve as the central hub for Republican National Convention speeches.

  • In an interview with The GuardianHowie Hawkins said he would consider receiving 5% of the vote a big victory. “That qualifies us for a public campaign financing grant for the general election in 2024 for president. If we got to 5% there’d be about $20m at least waiting for our presidential ticket in 2024, which would be a jump up.”

  • Jo Jorgensen will campaign in North Carolina and South Carolina over the weekend.

Flashback: August 14, 2016

U.S. Rep. Mark Sanford (R-S.C.) wrote an op-ed in The New York Times calling on Trump to release his tax returns.blank

Click here to learn more.



Penn. state employee sues AFSCME Council 13 over automatic paycheck dues deductions

Penn. state employee sues AFSCME Council 13 over automatic paycheck dues deductions                   

On July 6, a Pennsylvania state employee filed suit in the U.S. District Court for the Western District of Pennsylvania against the American Federation of State, County, and Municipal Employees Council 13 and state officials. The employee alleges that the union violated her First and Fourteenth Amendment rights when it continued to collect dues from her paychecks against her wishes after she resigned her membership. 

Who are the parties to the suit?  

The plaintiff is LuAnn Zeigler, an employee of the Pennsylvania Department of Revenue. She is represented by attorneys from the Fairness Center, which describes itself as “nonprofit, public interest law firm that provides free legal services to those hurt by public-sector union officials.” The Fairness Center has, to date, filed eight suits against AFSCME Council 13 over the union’s dues deduction practices.

The defendants are: 

  • AFSCME Council 13
  • Michael Newsome, in his capacity as Secretary of the Pennsylvania Office of Administration
  • Brian T. Lyman, in his capacity as Chief Accounting Officer for the Commonwealth and Deputy Secretary for the Office of Comptroller Operations

AFSCME Council 13 is one of Pennsylvania’s larger public-sector labor unions. According to its most recent annual report filed with the U.S. Department of Labor, AFSCME Council 13 had 52,883 dues-paying members and 582 fee payers (who are not considered full members), as of Sept. 27, 2019.

What is at issue?

The collective bargaining agreement covering Zeigler’s employment is in effect from July 1, 2019, to June 30, 2023. It provides for automatic dues deductions and stipulates that “the employer shall rely on the information provided by the union to cancel or change authorizations.” 

On July 25, 2018, Zeigler signed a union membership card, which stated that dues deduction authorizations are revocable only “during the 15 days before the annual anniversary date of this authorization or, for public sector contracts, during the 15 days before the date of termination of the appropriate collective bargaining agreement between the employer and the union, whichever occurs sooner.” 

Zeigler resigned from the union on Jan. 2. On Jan. 31, a union representative wrote to Zeigler, confirming both the cancelation of her membership and the continuation of dues deductions: “When you joined the union, you agreed to continue to provide financial support in an amount equal to dues until a certain window period. … Given your commitment to continue providing financial support at least until this window, you cannot cancel your payments right now.” 

Zeigler and her attorneys argue that continued compulsory dues deductions violate her rights to free speech, association, and equal protection under the First and Fourteenth Amendments, respectively. They cite the U.S. Supreme Court’s 2018 ruling in Janus v. AFSCME.  

What comes next?

The case is currently assigned to Judge David Cercone, a George W. Bush (R) appointee. No hearings have been scheduled yet. The case name and number are Zeigler v. American Federation of State, County and Municipal Employees, Council 13, 2:20-cv-00996.

What we’re reading

The big picture

Number of relevant bills by state

We are currently tracking 99 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we’re tracking. 

Number of relevant bills by current legislative status

Number of relevant bills by partisan status of sponsor(s) 

Recent legislative actions

  • California AB2850: This bill would specify that the Public Employment Relations Board has jurisdiction to enforce statutory provisions governing employer-employee relations within the San Francisco Bay Area Rapid Transit District.
    • Democratic sponsorship.
    • Senate Labor, Public Employment and Retirement Committee reported favorably Aug. 12. Referred to Senate Appropriations Committee. Hearing scheduled Aug. 17.


Documenting America’s Path to Recovery: August 13, 2020

Each day, we:

  • Track the status of reopening in all 50 states.
  • Compare the status of one industry or activity across the country.
  • Answer key questions about state school reopening plans.
  • Give you the latest stories on other reopening plans and ideas.

Want to know what happened yesterday? Click here.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here. For our last edition, click here.

  • Colorado (Democratic trifecta): Gov. Jared Polis (D) extended the state’s mask mandate, which was set to expire on Aug. 16. The mandate requires everyone 11 years of age and older to wear a mask in public indoor spaces, on public transit, or in a taxi or ride-share.
  • Connecticut (divided government): The Connecticut Interscholastic Athletic Conference’s Board of Control rejected a proposal to move high school football to spring 2021. It will instead move forward with a plan previously approved on July 30 which allows practices to begin Aug. 17.
  • New Mexico (Democratic trifecta): On Aug. 12, the New Mexico Supreme Court agreed to hear oral arguments in a lawsuit filed on behalf of the New Mexico Restaurant Association over Gov. Michelle Lujan Grisham’s (D) restrictions on indoor dining. The Court will hear the case on Aug. 26.
  • Texas (Republican trifecta): At an Aug. 13 news conference, Gov. Greg Abbott (R) said he would need to see hospital capacity increase and the state’s positivity rate fall below 10% for a “sustained period of time” before he would consider reopening bars.
  • Vermont (divided government): The Vermont Agency of Commerce and Community Development updated its mandatory health and safety requirement to allow businesses, nonprofits, and government entities to decline services to individuals without face coverings. Individuals must be given an alternative way to receive services or access the business.
  • West Virginia (Republican trifecta): Gov. Jim Justice (R) announced on Aug. 12 that he would prohibit nursing home visitations, effective at midnight, except for emergencies and end-of-life situations.

Tracking industries: Nursing home visits

All 50 states are reopening in some way. Here, we give the status of one industry or activity across the states. Today’s question: in which states may you visit someone in a nursing home? This does not include end-of-life or other emergency-related visits. Visits limited to family members only, or that are only allowed outdoors, are counted as “visitors allowed” in the chart and map below.

We last looked at nursing home visitation in the Aug. 6 edition of the newsletter. Since then, Texas began allowing nursing home visitation. Facilities with no confirmed COVID-19 cases in the last 14 days can allow outdoor visitation. West Virginia closed nursing homes to visitors.

This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year.

Vermont’s A Strong and Healthy Start

On June 17, 2020, the Vermont Agency of Education and the Vermont Department of Health released A Strong and Healthy Start, which provided guidance for safety and public health in school reopening. The state has also provided guidance documents on hybrid learning and decision making for local administrators. Individual school districts must decide if they will open for in-person, hybrid, or remote instruction.

Governor Phil Scott said, “At this time, Vermont data continues to support the reopening of schools and we will reassess that at any point,. Parents and our kids deserve the best education that we can possible [sic] provide. … We know a fully remote format creates gaps that some students fall through, and unfortunately this has a greater impact on some students than others.”

On July 29, Scott signed an executive order that moved the start of the 2020-2021 academic year to Sept. 8. According to EdWeek, public schools in Vermont traditionally start the academic year in late August, with the exact date varying by district. Scott said the delay would give districts more time to begin with fully remote learning, telling reporters, “It makes sense for some to start with this more conservative approach.”

On March 15, Scott ordered all K-12 schools in the state to close on March 18 until at least April 6. On March 26, 2020, Scott announced schools would be closed for the remainder of the academic year.

Context

Vermont has a divided government. The governor is a Republican, and Democrats hold majorities in both chambers of the state legislature. The state has had a divided government since 2017.

The following tables show public education statistics in Vermont, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Vermont public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $20,327 4
Number of students (’18-’19) 83,716 50
Number of teachers (’16-17) 8,187 48
Number of public schools (’18-’19) 312 48
Student:teacher ratio (’18-’19) 14.8 26
Percent qualifying for free/reduced lunch (’16-’17) 41.2% 38
Vermont public school revenue
Category Figure 50-state rank
Total revenue $1,758,461,000 48
Percent from federal sources 6% 43
Percent from state sources 90.1% 1
Percent from local sources 3.9% 49

Details

District reopening plans

On June 4, 2020, the Vermont Agency of Education released guidelines detailing the procedures for reopening. It said individual districts would submit reopening plans that would need to comply with the state-level guidelines outlined in its planning template.

In-person, hybrid, and online learning

The state’s guidance document allows individual districts to decide whether to use fully in-person schedules, a hybrid model, or fully online learning for the 2020 school year. On July 25, the state released an updated document that stressed school flexibility in planning, saying, “[I]t is important that each district plan for a certain amount of flexibility to shift school instruction along a continuum of options from full in-person instruction to full remote learning, including a hybrid learning approach that might include both.”

Mask requirements

Students, teachers, and school staff are required to wear facial coverings while in the school building and outside if six feet of social distance cannot be maintained.

In-person health recommendations and requirements

A Safe and Healthy Start recommends students be kept together in the same groups as much as possible. It also requires the groups to comply with the occupancy standards to ensure they maintain a six-foot social distance. The guidelines recommend installing physical barriers where social distancing is more difficult. Libraries and other communal areas can remain in operation if social distancing is possible and enforced.

The plan recommends cafeterias and gyms should not be used for their normal purposes. Rather, they should be used as additional classroom space to help a school to properly allow for social distancing. Before and after school programs are allowed to remain in operation with social distancing requirements and with strict record-keeping suggested.

The guidance recommends that anyone showing symptoms of COVID-19 should self-isolate until they have had no fever for 24 hours without the use of medications. Students and staff will be excluded from school activities and buildings if they:

  • Show symptoms of COVID-19, such as a cough, shortness of breath, difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell
  • Have been in close contact with someone with COVID-19 in the last 14 days
  • Have a fever (temperature higher than 100.4°F)
  • Have a significant new rash, particularly when other symptoms are present
  • Have large amounts of nasal discharge in the absence of allergy diagnosis

If COVID-19 is confirmed in a student, the school must:

  • Close off areas used by a sick person and do not use these areas until after cleaning and disinfecting; wait 24 hours or as long as practical before beginning cleaning and disinfecting to allow droplets to settle
  • Open outside doors and windows and use ventilating fans to increase air circulation in the area.
  • Clean and disinfect all areas such as offices, bathrooms, common areas and shared electronic equipment used by the ill persons, focusing especially on frequently touched surfaces.
  • Ensure safe and correct use and storage of cleaning and disinfection products, including storing products securely away from children.
  • Participate in contact tracing as requested by the Health Department.
  • Communicate with staff and parents/caregivers with general information about the situation. It is critical to maintain confidentiality.

Transportation and busing requirements and restrictions

All students and staff must wear facial coverings while on school buses or other transportation. In addition, students should go through a health screening before boarding the bus. The state recommends assigning students to a bus based on their grade cohort and that students are assigned specific seats.

Responses

The Vermont-NEA, the state’s largest teacher’s union, called for the state to adopt a phased approach rather than let individual districts decide how to reopen. The group has also called for the state to establish a “State Commission comprised of educators, school counselors, school nurses, educational support professionals, custodians and bus drivers, administrators, school board members, parents/caregivers, and AOE representatives” that can evaluate COVID-19 reopening plans.

In an open letter to her school district opposing the plan, Harwood Unified Union School District Superintendent Brigid Nease said:

Under the guise of local control and the need to respond flexibly to the differences in each district, leaders were told by state officials to basically go figure it out. … The truth is most school employees are scared to death they will get sick (or worse), bring the virus home to loved ones, have a student in their care become ill, or experience the death of a coworker. However, the even bigger reason for leave requests is the untenable position this state has put school employees in by creating homegrown reopening schedules that do not align.

Vermont Secretary of Education Dan French said the decision offers individual districts options rather than dictates policy for the entire state. On Aug. 10, he told VTDigger:

When you get into a pandemic, this is all unchartered territory. People want to be told exactly what to do. And the message that ‘Look, we can really tell you what to do up to a point, you still have to use your professional judgment,’ isn’t necessarily well received.

Virginia’s Recover, Redesign, Restart

The Virginia Department of Education most recently updated its school reopening guidance on July 6. When the guidance was first introduced in June, Gov. Ralph Northam (D) said, “Resuming in-person instruction is a high priority, but we must do so in a safe, responsible, and equitable manner that minimizes the risk of exposure to the virus and meets the needs of the Virginia students who have been disproportionately impacted by lost classroom time.”

Secretary of Education Atif Qarni said a phased opening of schools was designed with social and emotional wellbeing in mind. Qarni said, “These plans are informed by a range of perspectives and will help ensure that we prioritize the social emotional well-being of all of our students, their families, and educators as we go back to school this summer and fall.”

Virginia does not have a statewide date for public schools to reopen. Each district will decide when and with what form of instruction to reopen schools. According to EdWeek, public schools in Virginia start the academic year no earlier than 14 days before Labor Day.

On March 14, Northam ordered all K-12 schools in the state to close for at least two weeks, effective March 16. On March 23, he announced that all schools would be closed for the rest of the school year.

Context

Virginia is a Democratic trifecta. The governor is a Democrat, and Democrats have majorities in both chambers of the state legislature. The state became a Democratic trifecta in 2020.

The following tables show public education statistics in Virginia, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Virginia public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $13,052 25
Number of students (’18-’19) 1,289,367 12
Number of teachers (’16-17) 91,628 11
Number of public schools (’18-’19) 2,122 17
Student:teacher ratio (’18-’19) 14.8 26
Percent qualifying for free/reduced lunch (’16-’17) 41.2% 38
Virginia public school revenue
Category Figure 50-state rank
Total revenue $15,624,013,000 12
Percent from federal sources 6.5% 41
Percent from state sources 39.9% 40
Percent from local sources 53.6% 12

Details

District reopening plans

On June 6, Northam introduced a phased guide to reopening public schools in Virginia. Phase One uses distance learning as the mode of education, with limited access to school facilities for students with disabilities. Phase Two allows for limited in-person instruction, especially for grades K-3. Phase Three allows for in-person instruction with social distancing and health and safety precautions taken. When he announced the phased plan, Northam said that most schools could reopen in Phase Two.

The Recover, Redesign, Restart plan was revised on July 8 to include further instructions for Phase Three of reopening. In the revision, the state recommends practices and procedures for reopening schools but leaves the specific plans for reopening to individual school districts.

According to the Virginia Department of Education, at least 15 days before instruction begins, “Public school divisions are required to submit a plan for providing new instruction to all students in the 2020-2021 academic year, regardless of phase or the operational status of the school at the time. This plan must also include strategies to address learning lost due to spring 2020 school closures. This should include a plan for fully remote instruction should public health conditions require it.” Districts are also recommended to post their plans on their websites for public viewing.

In-person, hybrid, and online learning

According to state guidance, schools will offer a variety of learning models depending on the plans they submit to the state. All districts must include plans for fully remote learning, but the phased model of reopening requires schools to plan for some level of in-person instruction. The guidance document states, “While the broad parameters of each phase are defined by the state, a great deal of local autonomy exists and school divisions have the flexibility to respond to this guidance within the capacity and resources of the division.”

The state says alternative schedules may be necessary to maintain physical distance and outlines multiple possibilities in its guidelines. The guidelines state, “In order to adhere to the physical distancing requirements, schools will need to consider alternative and innovative schedules for their school buildings. These schedules will need to consider the developmental abilities and academic needs of the students served in each scenario, while maximizing physical distancing of students.”

Mask requirements

During all phases of Virginia’s plan, face coverings are recommended when six-foot physical is not possible. Face coverings are not required in any phase.

In-person health recommendations and requirements

Social distancing is required in all phases of the state reopening plan. In Phase Three, the most advanced phase of the plan, all individuals are required to be at least three feet apart. Each phase also accounts for increased occupancy of spaces like auditoriums, playgrounds, and cafeterias. Phase One allows 10 people in a space, Phase Two allows 50, and Phase Three allows 250. All phases require that space allows for six feet of distance.

The state guidelines recommend daily health screenings for all students, faculty, and staff, and that any person who does not pass the health screening stay home. Those experiencing symptoms of COVID-19 are encouraged to isolate, and those who experience symptoms in school are required to isolate.

According to the Virginia Department of Education:

If there is a confirmed case of COVID 19 in a school, the local health department will work closely with school administrators to determine a course of action for their schools. Schools should follow the CDC Interim Guidance for K-12 for schools and use the School Decision Tree to determine school closing in collaboration with the local health department.

Transportation and busing requirements and restrictions

During Phase One, bus capacity is limited to 10 students per bus. During later phases, bus capacity is recommended to be at an amount that allows for appropriate physical distancing. Face coverings are recommended but not required.

Responses

According to Richmond Magazine, the organization Virginia Educators United launched a petition in July, suggesting the state “keep classrooms closed until infections trend downward for at least 24 days and until preventive measures such as proper classroom ventilation, cleaning supplies and personal protective equipment are fully funded by the state.”

Former Virginia Gov. Douglas Wilder (D), now a professor of public policy at Virginia Commonwealth University, told the Virginia Mercury he disagreed with Northam’s decision to allow individual districts to determine their reopening plans, saying, “I would not have done it that way. There need to be comprehensive, almost uniform requirements across the state. The plan cannot be helter-skelter.”

Additional activity

In this section, we feature examples of other federal, state, and local government activity, as well as influencers relevant to recovering from the pandemic.

  • On Aug. 11, Montgomery County Circuit Court Judge Greg Griffin dismissed a lawsuit challenging Alabama Gov. Kay Ivey’s (R) authority to mandate the wearing of face masks to help mitigate the spread of COVID-19. In their complaint, the plaintiffs alleged the mask mandate was declared in violation of the Alabama Administrative Procedure Act (AAPA). The plaintiffs alleged the Alabama Board of Health failed to meet statutory notice and administrative review requirements before issuing the mandate. As a result, the plaintiffs argued, the order was “nothing more than an expression, and does not carry the weight of law and it cannot be valid or effective against any person or party until the proper procedures are met.” In their motion to dismiss, state officials argued that the plaintiffs incorrectly challenged the legal basis for the mask mandate. They argued that because Ivey incorporated the order into a gubernatorial proclamation under her own authority, granted by the Emergency Management Act, the plaintiffs’ claims were without merit. After hearing oral arguments, Griffin dismissed the case from the bench without explanation. The plaintiffs’ attorney said that they would appeal the decision.


Biden raises $26 million, doubles single-day fundraising record

Ballotpedia's Daily Presidential News Briefing
August 13, 2020: Joe Biden raised $26 million in the 24 hours after announcing Kamala Harris was his running mate. Donald Trump will campaign in Pennsylvania, Wisconsin, Minnesota, and Arizona during the Democratic National Convention next week.


Campaign Ad ComparisonDPNB campaign ad comparison feature, 2020 ("Kamala" – Lincoln Project)

DPNB campaign ad comparison feature, 2020 ("Meet Phony Kamala Harris" – Donald Trump)

Notable Quote of the Day

“Since John Adams first held the VP post in 1789, 14 of 47 vice presidents have gone on to become president, making it the most likely — albeit still far from certain — stepping stone to the White House. The number of vice presidents who have sought the presidency has really skyrocketed in modern times, too. Of the 13 VPs since the end of World War II (excluding Vice President Mike Pence), eight — or more than half — have gone on to become their party’s presidential nominee. However…far fewer — just three — have won a presidential election, and just four have become president at all. Biden, of course, is hoping to become the fifth modern VP to accomplish this feat.”

– Geoffrey Skelley, FiveThirtyEight

Election Updates

  • Joe Biden and Kamala Harris made their first joint appearance on Wednesday in Wilmington, Delaware. Their speeches focused on Harris’ selection and background, the federal response to the coronavirus, and the economy.

  • Biden doubled his previous single-day fundraising record in the 24 hours after announcing Harris was his running mate, bringing in $26 million.

  • Donald Trump said he would campaign in Pennsylvania, Wisconsin, Minnesota, and Arizona during the Democratic National Convention next week. The travel will include a stop in Biden’s hometown, Scranton, on August 20.

  • The Trump campaign and Republican National Committee are suing two county auditors in Iowa for filling in information—the voter’s name, address, date of birth, and voter ID—on absentee ballot applications before mailing them to voters.

  • The U.S. The Office of Special Counsel said on Wednesday that Trump could deliver his Republican National Convention speech from the White House because he and the vice president are exempt from the Hatch Act, which prohibits use of government resources for political activity.

  • Kanye West met with Trump White House advisers Jared Kushner and Ivanka Trump in Colorado over the weekend, according to The New York Times.

Flashback: August 13, 2016

During a rally in Connecticut, Donald Trump said that he was considering pulling the press credentials for The New York Times.blank

Click here to learn more.



Documenting America’s Path to Recovery: August 12, 2020

Each day, we:

  • Track the status of reopening in all 50 states.
  • Compare the status of one industry or activity across the country.
  • Answer key questions about state school reopening plans.
  • Give you the latest stories on other reopening plans and ideas.

Want to know what happened yesterday? Click here.

 

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here. For our last edition, click here.

  • Kansas (divided government): The Kansas Department of Education released updated recommendations for returning to in-person education. The document breaks the recommendations into color levels—green, yellow, orange, and red—based on criteria such as the number of students missing school, number of new cases, and local hospital capacity. There are separate recommendations for Pre-K through grade 5 and grades 6 through 12 at the yellow and orange levels.
  • Nevada (divided government): Gov. Steve Sisolak (D) signed legislation limiting the civil liability of most businesses in the state. To qualify for protection, businesses must adhere to government-imposed health and safety standards. The bill does not limit liabilities for schools, hospitals, and other health services.
  • New Hampshire (divided government): Gov. Chris Sununu (R) issued an executive order requiring masks at any scheduled event with more than 100 people. Sununu said that the Sturgis motorcycle rally prompted him to issue the order with Laconia Motorcycle Week less than two weeks away.
  • New Jersey (Democratic trifecta): Gov. Phil Murphy (D) signed an executive order on Aug. 12 allowing public and private K-12 schools, colleges, and universities to offer in-person instruction when they reopen. Schools will decide whether to offer remote learning, in-person instruction, or a hybrid approach. Schools that cannot meet requirements set out by the New Jersey Department of Education will be required to begin the school year remotely.
  • Oregon (Democratic trifecta): The Oregon Department of Education released updated school reopening guidelines on Aug. 11 that allow schools to reopen to in-person instruction if the school has 250 students or fewer, is in a county with fewer than 30,000 residents, and if the county has reported no more than 30 COVID-19 cases in the past three weeks.
  • Rhode Island (Democratic trifecta): Gov. Gina Raimondo (D) announced on Aug. 12 she was delaying the start of the school year until Sept. 14. She previously said she wanted schools to reopen at the end of August.
  • Tennessee (Republican trifecta): Education Commissioner Penny Schwinn said on Aug. 12 that the Tennessee Department of Education was encouraging school districts to mandate face coverings for middle and high school students.
  • Wyoming (Republican trifecta): On Aug. 12, Gov. Mark Gordon (R) issued a revised public health order that extends restrictions on restaurants, bars, gyms, and performance spaces through the end of the month and eases restrictions on outdoor gatherings beginning Aug. 16. The new restrictions on gatherings will allow venues to accommodate up to 50% capacity, with a maximum of 1,000 people so long as social distancing is observed.

Tracking industries: Restaurants

All 50 states are reopening in some way. Here, we give the status of one industry or activity across the states. Today’s question: in which states may you dine in at a restaurant?

We last looked at restaurants in the August 5th edition of the newsletter. Since then, no states have opened or closed dine-in services. On Aug. 10, New Jersey Gov. Phil Murphy (D) said it was still too risky to allow indoor dining across the state, citing a study on the spread of the virus in a restaurant in China.

This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year.

North Carolina’s Lighting Our Way Forward

On June 11, 2020, the State Board of Education approved the North Carolina Department of Public Instruction’s, plan for school re-opening, Lighting Our Way Forward.

On July 14, North Carolina Gov. Roy Cooper (D) announced that schools must operate under either a hybrid or fully-online plan. Districts are required to offer online-only instruction for students who are at high risk or who choose not to return to in-person instruction. In his announcement, Cooper said, “There are no decisions more important than the ones about our children and our schools. This announcement today is the result of careful, collaborative, and painstaking work. There is much risk in not going back to in-person school. We know that schools provide so much more than just academic lessons.”

Public schools operating on a traditional schedule will begin instruction on August 17. According to EdWeek, public schools in North Carolina traditionally start the year in late August.

Cooper closed public schools in the state for two weeks on March 14. On March 23, he extended the closure through May 15. On April 24, he announced that public schools were closed for the remainder of the school year.

Context

North Carolina has a divided government. The governor is a Democrat, and Republicans have majorities in both chambers of the state legislature. The state has had a divided government since 2017.

The following tables show public education statistics in North Carolina, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

North Carolina public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $9,928 45
Number of students (’18-’19) 1,552,497 9
Number of teachers (’16-17) 100,220 10
Number of public schools (’18-’19) 2,684 9
Student:teacher ratio (’18-’19) 15.5 20
Percent qualifying for free/reduced lunch (’16-’17) 57.4% 14
North Carolina public school revenue
Category Figure 50-state rank
Total revenue $13,681,971,000 14
Percent from federal sources 12.2% 6
Percent from state sources 62.4% 8
Percent from local sources 25.4% 45

Details

District reopening plans

School districts are required to develop their own reopening plans that comply with the requirements outlined in the state’s guidance document. Those plans are:

  • Plan A: Minimal Social Distancing
    • Least restrictive plan with social distancing required only where individuals may congregate, such as hallways, reception areas, cafeteria, restrooms, and locker rooms
    • School facilities are open; all students may be in school at the same time
    • Traditional instruction with preparation for Blended Learning
  • Plan B: Moderate Social Distancing
    • School facilities are open with additional requirements for social distancing and minimizing exposure and transportation.
    • Limit density of people in school facilities to adhere to health and safety requirements. (Note: 50% population density was deleted as of 7/14.20).
    • Enhanced health protocols
    • Blended Learning for all
  • Place C: Remote Learning Only
    • School facilities are closed. Students are not permitted in facilities. Employees may or may not be permitted in school buildings based on Executive Order or other state requirements. (Updated 7/10.20)
    • Remote learning for all students, based on Remote Instruction Plans (SPLN-006) submitted on July 20, 2020, to NCDPI as a framework for quality remote learning

Individual districts may choose to open under Plan B, which has some in-person instruction, or Plan C, which is entirely virtual. All districts are required to offer a fully virtual option. Schools may choose between Plan B or Plan C at any time.

In-person, hybrid, and online learning

Districts that choose a hybrid model are required to limit capacity to a level that will allow students and staff to adhere to a six-foot social distance. The state’s reopening guidelines suggest that scheduling for hybrid learning should be determined by individual school districts. The guidelines offer suggestions for alternating days, alternating weeks, or blending which grade levels would attend in person and which would attend virtually.

Mask requirements

All students, teachers, and staff are required to wear masks or face coverings.

In-person health recommendations and requirements

On June 8, 2020, the North Carolina Department of Health and Human Services released the StrongSchoolsNC Public Health Toolkit, a series of guidelines for in-person public education. When learning is done in-person, the following precautions are required, according to EducationNC:

  • Limit the total number of students, staff, and visitors within a school building to the extent necessary to ensure 6 feet distance can be maintained when students/staff will be stationary
  • Conduct symptom screening, including temperature checks
  • Establish a process and dedicated space for people who are ill to isolate and have transportation plans for ill students
  • Clean and disinfect high-touch surfaces in the school and transportation vehicles regularly
  • Require frequent hand washing throughout the school day and provide hand sanitizer at entrances and in every classroom
  • Discontinue activities that bring together large groups
  • Limit nonessential visitors and activities involving external groups
  • Discontinue use of self-service food or beverage distribution

Schools must conduct regular screenings for COVID-19 symptoms and isolate individuals who show symptoms. Staff and students must stay home if they test positive for COVID-19, show symptoms, or have come in close contact with a person who has COVID-19. The guidelines provide criteria to return for three scenarios:

  • People diagnosed with COVID-19 but without symptoms must stay home for 10 days after the diagnosis, assuming no symptoms arise.
  • People diagnosed based on symptoms are not required to show a negative test to return to school. A person can return to school if they receive confirmation of an alternative diagnosis from a health care provider that would explain the COVID-19-like symptom(s), or once there is no fever without the use of fever-reducing medicines and they have felt well for 24 hours.
  • People who have been in close contact with a person diagnosed with COVID-19 must remain out of school for 14 days, even if they do not test positive for the virus.

Schools are required to ensure that six feet of distance is possible and marked out for students and staff during times where students and staff are more likely to come in contact, such as at lunch or during recess. Capacity for common areas is limited to the number that would allow for six-foot social distancing.

Transportation and busing requirements and restrictions

The state’s face mask requirement for students and staff also applies to transportation. Buses are limited to one student per seat. Screening for symptoms, including temperature checks, may be conducted prior to boarding transportation.

Responses

After Cooper announced that districts would have the option for reopening under Plan B or Plan C, North Carolina Association of Educators President Tamika Walker Kelly said, said:

Educators want to be back in school buildings. We miss and value the relationships we have with students and their families. The careful approach Governor Cooper has taken in all of his re-opening decisions has been deeply appreciated, and while we understand that this was a difficult choice, we must make the safety of our educators and students the first priority.

North Carolina Senate Leader Phil Berger (R) criticized Cooper’s decision to limit district choices to Plans B and C. In a statement, Berger said:

The Governor’s plan makes worse the very inequities a public school system is supposed to resolve. Students whose parents do not have the time or resources to supplement ‘virtual’ schooling will fall even further behind simply because of the condition of their birth. That’s an unspeakable travesty. And parents who do not have the privilege of working from home can’t take off every other day from work. What are they supposed to do? The Governor permits parents to choose full remote learning — he must also permit parents to choose full in-person learning as well.

North Dakota’s K-12 Smart Restart

The North Dakota Department of Public Instruction released its school reopening guidance, titled K-12 Smart Restart, on July 14. Gov. Doug Burgum (R) said, “North Dakota’s children are looking to us as adults to help them adjust to life with COVID-19. They will be watching us and looking to us for answers, guidance and security. Today’s guidance is the next step in that journey. We are committed to supporting and partnering with our schools and families to provide a safe, high-quality education experience for all students.”

State Superintendent Kirsten Baesler said, “School boards and administrators will be making difficult decisions to ensure the health and well-being of their communities and limit the spread of COVID-19 while fulfilling their overall mission of educating students. They are in the best position to make the dozens and dozens of judgment calls that will be necessary every day and changing as the days go on.”

North Dakota does not have a statewide date for public schools to reopen. According to EdWeek, public schools in North Dakota traditionally start the academic year in late August to early September, with the exact start date varying by district.

On March 15, Gov. Burgum closed schools for one week, effective March 16. On March 19, Burgum extended the closure indefinitely. The governor closed schools for the rest of the academic year on May 1. On May 11, he announced schools could reopen starting on June 1 for summer programs, though they were not required to.

Context

North Dakota has a Republican trifecta. The governor is a Republican, and Republicans hold majorities in both chambers of the state legislature. The state became a Republican trifecta in 1995.

The following tables show public education statistics in North Dakota, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

North Dakota public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $16,632 12
Number of students (’18-’19) 111,658 48
Number of teachers (’16-17) 9,265 46
Number of public schools (’18-’19) 525 43
Student:teacher ratio (’18-’19) 12.0 48
Percent qualifying for free/reduced lunch (’16-’17) 30.9% 49
North Dakota public school revenue
Category Figure 50-state rank
Total revenue $1,578,414,000 49
Percent from federal sources 10.1% 18
Percent from state sources 58.7% 11
Percent from local sources 31.2% 41

Details

District reopening plans

Each school district is responsible for developing Health and Safety plans regarding in-person instruction, which district school boards must approve in consultation with local public health units. Each school is also required to have a board-approved Distance Learning Plan, along with a hybrid plan. Schools are required to post the plans on a publicly accessible website.

In-person, hybrid, and online learning

The state’s reopening guide sets forth a color-coded phased approach to returning students to classrooms. The levels—Red (critical risk), Orange (high risk), Yellow (moderate risk), Green (low risk), and Blue (new normal)—are “based on criteria such as the number of cases reported, positivity rates, testing capacity, hospital capacity, occurrence of point-source outbreaks, level of community spread, vulnerable populations affected and ability to protect, the availability of personal protection equipment (PPE), etc.”

Schools in the Red or Orange Phase should remain closed, with all instruction provided remotely. Schools in the Yellow Phase can resume in-person instruction if they have a Health and Safety Plan approved by the district’s school board. In the Yellow Phase, guidance states that plans should emphasize facial coverings, personal hygiene, and social distancing. In the Green Phase, the guidance says that “some physical distancing measures and limitations on gatherings will still be recommended to prevent transmission from accelerating again.” For schools in the Blue Phase, “most normal activity can resume, with standard precautions and awareness of health guidelines such as routine hand washing, stay home when sick, cover your cough, education, stockpiling, planning, routine health alerts, etc.”

As long as school plans have been approved, details of each model of learning can vary widely from school to school based on local conditions.

Mask requirements

For schools in the Yellow Phase, guidelines state, “Facial coverings (masks or face shields) should be worn by staff and students when social distancing is not possible.” For those in the Green Phase or Blue Phase, schools are instructed to develop “Guidelines for when facial coverings should be worn by staff and students when social distancing is not possible.”

In-person health recommendations and requirements

State guidelines instruct schools to develop their Health and Safety Plans based on documents released by the Centers for Disease Control and Prevention, North Dakota Department of Health, and local public health units. Plans must include the following:

  • Process for isolation and quarantine when a staff member, student, or visitor becomes sick or demonstrates a history of exposure.
  • Guidelines for when an isolated or quarantined staff member, staff, or visitor may return to school.
  • Plan for ensuring ongoing communication with families around the elements of the local Health and Safety Plan, including ways that families can practice safe hygiene in the home.
  • Facial coverings (masks or face shields) should be worn by staff and students when social distancing is not possible.
  • Guidelines for hygiene practices for students and staff which include the manner and frequency of hand-washing and other best practices.
  • Protocols for classroom/learning space occupancy that allow for separation among students and staff throughout the day to the maximum extent feasible
  • Protocols for the use of cafeterias, commons areas and other congregate settings for students, faculty and staff.
  • When weather permits, utilization of outdoor spaces is recommended.
  • Protocols for limiting the sharing of materials among students to the maximum amount feasible.

Transportation and busing requirements and restrictions

The guidelines do not specify requirements or restrictions regarding transportation and busing, aside from instructing schools to develop “Protocols for adjusting space occupancy on buses that allow for separation among students to the maximum extent feasible.”

Responses

Nick Archuleta, President of ND United, the state’s largest teacher’s union, responded to the state’s guidelines: “As expected, the responsibility for the creation of reopening plans and protocols rests with the local school districts, as it should. To that end, I am imploring local school boards and administrators to be as inclusive as possible as they undertake this important planning. If we are to instill confidence in the minds of parents, students, professional educators, and education support professionals, it is imperative that they have a seat at the table and that their views are seriously considered.”

Additional activity

In this section, we feature examples of other federal, state, and local government activity, as well as influencers relevant to recovering from the pandemic.

  • On Aug. 2, a lawsuit seeking to stop Manatee County’s mask mandate was filed in Florida’s Twelfth Judicial Circuit Court. The lawsuit, one of fourteen filed by attorney and Florida State Representative Anthony Sabatini (R) on behalf of plaintiffs across the state, challenges the constitutionality of Manatee County’s Resolution No. R-20-116. The July 27 resolution requires individuals to wear face coverings while inside public businesses. In his complaint, the plaintiff, a Manatee County resident and pastor of a local Baptist church, argues that the mask mandate violates his religious freedom and “should not apply within churches, synagogues and other houses of worship because it interferes with the ability to pray.” The plaintiff also alleges that the mask mandate violates guarantees of privacy and due process under the Florida Constitution, arguing it is impermissibly vague and overbroad, could lead to public disclosure of private medical information, and is an arbitrary and unreasonable deprivation of liberty. Sabatini has filed similar lawsuits against Broward, Martin, Miami-Dade, Seminole, Orange, Leon, Pinellas, Collier, and Hillsborough counties, as well as the cities of St. Augustine, Key West, DeLand, and Jacksonville. Manatee County officials have not made any public statements concerning the pending suit.


Nevada to mail ballots to all voters ahead of Nov. 3 general election

On Aug. 3, Nevada Gov. Steve Sisolak (D) signed AB4 into law, directing election officials to automatically send mail-in ballots to all active registered voters in the Nov. 3 general election.

How did the bill become law?

The legislation was introduced in the Nevada Assembly on July 31 and referred to the Committee of the Whole. The Assembly approved AB4 on the same day and transmitted it to the Nevada Senate, where it was referred to the Committee of the Whole. The Senate approved the legislation on Aug. 2 and sent it to the governor.

The Assembly voted 29-12 in favor of the bill, with one member excused. The Senate voted 13-8 in favor of the bill. The vote split along partisan lines in both chambers, with all Democrats voting in favor of the legislation and all Republicans voting against (except the one Assembly Republican excused from the vote).

What changes did the bill make to existing law?

AB4 modifies election procedures during declared states of emergency. Specifically, the legislation:

  • Directs election officials to automatically send mail-in ballots to all active registered voters in elections affected by a statewide state of emergency.
  • Sets the postmark deadline for mail-in ballots as the day of the election and the receipt deadline as seven days after the election.
  • Allows a voter to authorize any person to return a mail-in ballot on behalf of the voter.
  • Authorizes election officials to begin counting ballots 15 days before the election.

What were the reactions?

Both national and state-level Republicans criticized the legislation, both in terms of its content and its method of enactment. Former state attorney general Adam Paul Laxalt (R) posted on Twitter: “Gov. Sisolak and the NV Dems called a special session with no public present and inside 24 hours are ramming through mail-in balloting and ballot harvesting. They are massively altering our election 97 days out entirely without the SecState. They are working to steal our election[.]”

President Donald Trump (R) retweeted Laxalt’s post, adding, “This is outrageous. Must be met with immediate litigation!”

Democrats dismissed these criticisms. Assembly Speaker Jason Frierson and Senate Majority Leader Nicole Cannizzaro, both Democrats, said, “This bill ensures every eligible voter in the state is able to cast his or her ballot safely and securely without risk to their health.”

William McCurdy, chairman of the state Democratic Party, said, “Trump and his allies have always been motivated by partisanship, even at the expense of American lives. That he would threaten Nevada Democrats’ work to protect voting access through a crisis of his own making is both despicable and par for the course.”

What comes next?

On Aug. 4, Donald J. Trump for President, Inc. the Republican National Committee, and the Republican Party of Nevada filed suit in the U.S. District Court for the District of Nevada. In their formal complaint, they allege: “AB4 adds more than 25 new election-related sections to the Nevada Revised Statutes and amends more than 60 others. Many of those provisions will undermine the November election’s integrity. Some go beyond that, crossing the line that separates bad policy judgments from enactments that violate federal law or the United States Constitution.”

On Aug. 10, attorneys for Nevada Secretary of State Barbara Cegavske (R) filed a motion to dismiss the lawsuit. In that document, attorneys wrote, “Absent a concrete and particularized injury to plaintiffs, the court has no jurisdiction to intervene in election preparations. Because Plaintiffs have failed to plead facts from which one might reasonably infer that an injury is actual and imminent, not hypothetical, the court should dismiss their claims for lack of jurisdiction.”

The lawsuit, and the motion to dismiss, are pending before Judge James Mahan, an appointee of President George W. Bush (R). The case name and number are Donald J. Trump for President v. Cegavske, 2:20-cv-01445.

Absentee/mail-in voting modifications since our last issue

Since our July 29 edition, we’ve tracked the following absentee/mail-in voting modifications:

  • Arkansas: On Aug. 7, Gov. Asa Hutchinson (R) issued an executive order extending absentee ballot eligibility to all voters in the Nov. 3 general election “who conclude their attendance at the polls may be a risk to their health or the health of others due to the COVID-19 pandemic.” The order formalized the policy that Hutchinson and Secretary of State John Thurston (R) first announced on July 2.
  • California: On Aug. 6, Gov. Gavin Newsom (D) signed SB 423 into law, authorizing counties to consolidate polling places in the Nov. 3 general election, among other modifications to administration procedures.
  • Connecticut: On July 31, Gov. Ned Lamont (D) signed HB6002 into law, allowing voters to cite concern over COVID-19 as a reason for voting absentee in the Nov. 3 general election.
  • Minnesota: On Aug. 3, a Minnesota district court approved a consent decree between the plaintiffs and the state defendants in LaRose v. Simon. Under the terms of the consent decree, state election officials agreed to waive the witness requirement for mail-in ballots cast in the Nov. 3 general election. The state also agreed to count all mail-in ballots postmarked on or before Nov. 3 and received within five business days of Election Day.
  • Montana: On Aug. 6, Gov. Steve Bullock (D) issued a directive permitting counties to conduct the Nov. 3 general election entirely by mail. Bullock also authorized counties to expand early voting opportunities for the general election.
  • Nevada: On Aug. 3, Gov. Steve Sisolak (D) signed AB4 into law, directing election officials to automatically send to all active registered voters in the Nov. 3 general election.
  • Pennsylvania: On July 31, Secretary of the Commonwealth Kathy Boockvar (D) announced the state would provide prepaid return postage for all mail-in and absentee ballots in the Nov. 3 general election.
  • Rhode Island:
    • On July 31, Judge Mary McElroy of the U.S. District Court for the District of Rhode Island approved a consent agreement reached by the parties in Common Cause Rhode Island v. Gorbea. Rhode Island officials agreed not to enforce witness or notary requirements for mail-in ballots in both the Sept. 8 primary and Nov. 3 general elections.
    • On Aug. 7, a three-judge panel of the United States Court of Appeals for the First Circuit issued a per curiam opinion denying Republicans’ motion to stay the consent decree.
  • Tennessee: On Aug. 5, the Tennessee Supreme Court vacated a lower court order that had extended absentee voting eligibility to all voters during the course of the COVID-19 pandemic. As a result, the state’s standard eligibility criteria apply to the Nov. 3 general election. The state granted that “individuals with a special vulnerability to COVID-19” and “or caretakers for individuals with a special vulnerability to COVID-19” would meet the existing statutory criteria for absentee voting eligibility.
  • Virginia: On Aug. 5, the parties in League of Women Voters of Virginia v. Virginia State Board of Elections reached a settlement providing for the suspension of Virginia’s witness requirement for absentee ballots in the Nov. 3 general election.

To date, 38 states have modified their absentee/mail-in voting procedures. These modifications can be divided into five broad categories:

  • Automatic mail-in ballots: Five states (California, Montana, Nevada, New Jersey, and Vermont) have opted to automatically send mail-in ballots to all eligible voters in certain elections to ensure that most voting takes place by mail. These states are shaded in yellow in the map below.
  • Automatic mail-in ballot applications: Seventeen states (Connecticut, Delaware, Georgia, Idaho, Illinois, Iowa, Maryland, Massachusetts, Michigan, Nebraska, New Mexico, New York, North Dakota, Rhode Island, South Dakota, West Virginia, and Wisconsin) have opted to automatically send mail-in ballot applications to all eligible voters in certain elections. These states are shaded in dark blue in the map below.
  • Eligibility expansions: Ten states (Alabama, Arkansas, Indiana, Kentucky, Missouri, New Hampshire, Oklahoma, South Carolina, Tennessee, and Virginia) have expanded absentee voting eligibility in certain elections. These states are shaded in light blue in the map below.
  • Deadline extensions: Five states (Minnesota, Mississippi, Ohio, Pennsylvania, and Utah) have opted to extend absentee/mail-in ballot request or submission deadlines in certain elections. These states are shaded in dark gray in the map below.
  • Other process changes: One state (North Carolina) has made other modifications to its absentee/mail-in ballot procedures in certain elections. This state is shaded in gray in the map below.
M3Ydp-absentee-mail-in-voting-procedure-changes-in-response-to-the-coronavirus-pandemic-2020 (10).png

Redistricting developments since our last issue

Since our July 29 edition, we’ve tracked the following redistricting-related developments.

  • On Aug. 3, the United States Census Bureau announced it would conclude field data collection efforts by Sept. 30. The agency said it would use incentive awards and additional hires “to accelerate the completion of data collection and apportionment counts by our statutory deadline” of Dec. 30. The Bureau had previously indicated it might have to extend door-knocking efforts into October.

Litigation tracking

To date, we have tracked 165 lawsuits and/or court orders involving election policy issues and the COVID-19 outbreak. In each issue of The Ballot Bulletin, we shine a spotlight on what we consider one of the more interesting recent events in this area. Click here to view the complete list of lawsuits and court orders.

This week, we turn our attention to a case out of Georgia, Anderson v. Raffensperger.

  • Case name: Anderson v. Raffensperger
  • Case number: 1:20-cv-03263
  • State of origin: Georgia
  • Court: U.S. District Court for the Northern District of Georgia
  • Summary: On Aug. 6, the Democratic Party of Georgia, the Democratic Senatorial Campaign Committee, and three Georgia residents filed suit against several state and local election officials. The plaintiffs allege that state and local election administration policies result in extended waiting times at the polls, deterring citizens from voting. They are asking the court to order election officials to “provide a sufficient number, and equitable distribution, of polling places and other election resources to prevent voters from having to wait in unreasonably long lines on Election Day.” In a statement, Deputy Secretary of State Jordan Fuchs said, “The Democratic Party of Georgia, Fair Fight and Democratic legislators all opposed Secretary Raffensperger’s legislation that would have required counties to add more polling places, equipment, and/or poll workers if any polling place had a wait time of more than an hour at any point throughout the day. Now, they are asking a federal court to order just that. Meanwhile, Secretary Raffensperger has been providing Georgia counties with specific data to help them know where they might need to add more polling places or voting equipment in order to avoid lines in November.”
  • Court documents:

Legislation tracking

To date, we have tracked 276 bills that make some mention of both election policy and COVID-19. States with higher numbers of relevant bills are shaded in darker blue on the map below. States with lower numbers of relevant bills are shaded in lighter blue. In states shaded in white, we have tracked no relevant bills.

Legislation related to elections and COVID-19, 2020

COVID-19 election bills August 12.png