Bill would require schools to reopen during COVID-19 once certain metrics are met
In a public hearing on proposed legislation Monday, the nuanced conversation around how and when to reopen schools in Washington state during the COVID-19 pandemic — and who should hold the power to make those decisions — took place on a virtual stage.
The bill in question at the hearing is sponsored by Sen. John Braun of Centralia, a Republican and the Senate Minority Leader, and moderate Democrat Sen. Mark Mullet of Issaquah, along with a handful of other Republican senators. It would set baseline metrics for when school districts and charter schools would be required — not allowed — to offer in-person learning during the pandemic.
“This to me feels like (an) extremely important, time-sensitive decision we need to try to get a solution on within the next week here,” Sen. Mullet said, adding that solving it at end of the 2021 session in April is too late.
In a phone interview Monday, Braun said he’s seen a lot of schools being innovative and offering in-person learning, but that some are “letting their kids down” by not reopening. The point of the bill is to say to districts: “You can’t just keep developing reasons for not being in school. At some point, you’ve got to find a way,” he said.
How the bill would change things
Current state guidance sorts counties into high, moderate, or low COVID-19 activity based on a combination of case rates and test positivity rates and directs local leaders to also consider trends in cases and hospitalizations. The guidance also includes checklists to ensure strict health and safety measures are followed.
In high-activity counties (over 350 cases per 100,000 over 14 days; over 10% positivity), the state encourages districts to phase-in in-person learning for elementary students and those with the highest needs, in small groups.
In moderate-activity counties (about 50-350 cases per 100,000 over 14 days; 5-10% positivity), it encourages districts to phase-in in-person classes starting with the youngest students not already in-person and middle school students. Over time, it advises adding high schoolers once rates drop below 200 cases per 100,000 over 14 days.
And in areas of low COVID activity (less than 50 cases per 100,000 over 14 days; test positivity at less than 5%), the state recommends schools provide in-person learning for all students.
The recommendations are for local school boards to consider and aren’t legally binding requirements.
Braun’s bill would require districts to offer in-person learning for all students in counties where the positivity rate is below 5 percent or the case rate is below 200 cases per 100,000 over two weeks. Districts in counties where the case rate is below 350 per 100,000 over two weeks would be required to offer in-person learning to students in kindergarten through grade 8.
To meet the requirement to offer in-person learning, districts could offer a hybrid schedule with some remote learning or schedules that rotate between in-person and distance learning, according to a nonpartisan bill analysis. The bill also includes that a school district and local health officer is required to take “all appropriate actions deemed necessary” if there’s a COVID-19 outbreak, including closing part or all of a school.
In areas with metrics above those legal thresholds, schools would have flexibility to open or close.
Sen. Lisa Wellman, who chairs the Senate Committee on Early Learning & K-12 Education that conducted the Monday hearing, said she assumes legislators are recognizing the extraordinary costs of opening and closing for schools, and that the state is prepared to ensure districts remain whole financially.
Views of the bill
Almost every parent with kids in school who testified was in favor of the proposed bill. Many were associated with the Washington Alliance 4 Kids, a group that has organized around a shared goal for schools to reopen to in-person instruction.
Nate Perea with the alliance likened the current state of reopening to each Washington school district “fighting its own civil war with their union, parents, and the teachers.” He urged support for the bill because he believes it would level the playing field “and provide directions, not suggestions for all parties to follow uniformly as law.”
Parents voiced other concerns about their children’s struggles with mental health and about domestic violence in general. Particularly striking was testimony from Ted Robbins of Richland, who shared the story of his 17-year-old son who died by suicide in April.
“I would like to say that I can’t bring my son back, but we can try to save some of these kids that really need us…,” he said.
Jane Broom with Microsoft Philanthropies testified in support of the bill’s direction, and Dr. Eric Shipley, an emergency medicine physician at Overlake Medical Center, also voiced support, saying it’s safe to reopen — and that there needs to be a way for teachers who are at risk or over 60 years old to be protected.
Those representing state agencies and educators voiced much of the opposition, or at least expressed concern about specific pieces of the bill while agreeing with its intent.
Maddy Thompson with Gov. Inslee’s office said they appreciate the intent of the bill but have concerns about inserting metrics that could impede their ability to respond in a timely way.
Lacy Fehrenbach, deputy Health secretary for COVID-19 response, named a few major concerns, including that multiple metrics are necessary to judge disease activity and that health and safety precautions are necessary.
“In summary, rigorous health and safety countermeasures are foundational to a safer return to in-person learning that protects our students, staff, families, and communities; and a combination of metrics should inform returns to school and leave flexibility to adapt as we learn more,” she said.
Lucinda Young with the Washington Education Association said the group is opposed, pointing mainly to the virus’ ever-changing nature that she said makes it difficult to put specific metrics into law that trigger specific actions.
School boards need to be able to stay flexible in meeting communities’ needs, she said. She also said some schools don’t have the space necessary for social distancing, or face other obstacles such as outdated HVAC systems, windows that won’t open, or staffing shortages.
Similarly, Dan Steele with the Washington Association of School Administrators said the group thinks the metrics make sense and align with research, but has concerns about unique circumstances in some districts.
One parent of children in Seattle Public Schools, Edward Lin, said he opposes the bill because he believes it weighs heavily on one side of the debate, forcing districts to open but not forcing any to close down based on metrics not being met. He saw it as an attempt to force schools in western Washington to reopen when local communities should make that decision.
The state Office of Superintendent of Public Instruction signed in as “other” on the bill, rather than opposed or in favor.
“We agree with the intent of this bill,” Nasue Nishida, executive director of government relations, said. “OSPI strongly believes that students’ academic and social-emotional health is best supported when doing in-person learning in classrooms. And we want to make sure that districts have as clear information as they can for their own decision-making as possible.”
OSPI has developed its guidance for reopening in alignment with recommendations from state Health Department and in consultation with the governor, she said.
Other considerations
Near the end of the hearing, Committee Chair Wellman said she had heard a few suggestions that would make the bill better. Prime sponsor Braun has said he’s open to amendments to the bill, which is already a substitute for an original proposal.
“I’m not locked into any one way,” Braun said. “I just want to make sure we do our part from the legislature in getting kids back in the classroom and learning again.”
One proposed idea for inclusion was that all teachers be prioritized for vaccination, according to Braun. Under the state’s vaccination phases, K-12 teachers and staff age 50 or older working in-person are in tier 2 of Phase 1B, which the state has estimated will be reached next month. Teachers and staff working in-person under 50 are in tier 4.
A bipartisan group of legislators sent Inslee and Health Secretary Dr. Umair Shah a letter last week urging the state to revise guidance so all school employees who wish to be vaccinated can do so as part of the second tier.
A DOH spokesperson confirmed in an email to McClatchy that changes Inslee announced Monday include flexibility to combine tiers 2 and 4 of Phase 1B, which would allow for K-12 employees of any age to get the shot at that point. That includes not just employees at schools that are already in-person, but also those at schools planning to go back in-person, according to Governor’s Office spokesperson Tara Lee.
Sen. Brad Hawkins, R-East Wenatchee, also has called for Feb. 1 to be a designated day when school staff statewide get vaccinated.
“I’m pleased to share that the governor ... took that step to grant access to school employees,” Hawkins said Tuesday at a press conference, in reference to allowing all school employees be vaccinated in tier 2 of Phase 1B.
If tiers are combined, the email reads, DOH asks that providers do so in a “way that promotes equity,” such as starting with schools that have the most children on free or reduced lunch or starting with people who support learning for children with special health needs.
Tacoma News Tribune Reporter Allison Needles contributed to this report.
This story was originally published January 20, 2021 at 5:45 AM with the headline "Bill would require schools to reopen during COVID-19 once certain metrics are met."
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