School districts still required to mask, isolate under latest Shelby County health order
The latest health directive from the Shelby County Health Department requires that most schools require masks and follow isolation protocols for people who are sick with COVID-19.
The language of the new order, which takes effect Wednesday, falls in line with new legislation and a federal order requiring the county to enforce its own health orders. Across the county, masks remain highly recommended in most instances.
In the order, the health department clarifies the mask and isolation requirement applies to schools and school districts that must comply with the federal Americans with Disabilities Act.
"Masks and isolation protocols are required in schools that are covered by the Americans with Disabilities Act (ADA) until such time as children aged 5 and over can get fully vaccinated and due to the absence of a reliable approach by schools in providing a reasonable accommodation to children with disabilities," per the health order.
Public school districts must comply with the ADA, but requirements for following the law appear to be more complex for some private schools. The Tennessee Department for Education did not return an inquiry requesting clarification on which schools must comply with the federal law in time for the publication of this story.
"Masks and isolation protocols are highly recommended in schools that are not covered by the ADA," the county wrote in the order. "That a school is not legally required to provide an accommodation does not mean that they should not, especially during a pandemic that has killed thousands of American residents."
The federal judge order requiring the county to enforce its health orders is part of a preliminary injunction ordered in September, blocking Gov. Bill Lee's executive order allowing parents to opt their students out of school mask requirements. The suit was part of a series of three federal suits filed across the state by students with disabilities who claimed the opt-out order violated federal disability law.
U.S. District Court Judge Sheryl H. Lipman clarified the Western District order in recent weeks due to new state legislation banning public school districts from universal mask requirements in most instances.
The county sought a clarification on the September order because the new state law appeared in conflict.
Lipman said that the purpose of her order was to ensure the federal disability law was followed in Shelby County for students. The order, she clarified to Shelby County attorneys, includes extensions to their directives that allow those accommodations.
"...the Court clarifies that the County’s obligations under the preliminary injunction have not changed in light of the new legislation: Defendant Shelby County must continue 'to enforce its Health Orders,'...without exception for any rule or regulation that purportedly restrains its ability to provide reasonable accommodations to schools subject to its Health Orders in Shelby County," Lipman ruled in the recent November order.
During the hearing, Lipman reiterated the point of the preliminary injunction order was to ensure the ADA was followed in the county, and that the students who filed the lawsuit had access to education.
Once uniform, some schools and school districts across the county have implemented mask optional policies despite repeated messaging from the county about its health order and its obligation via federal order to enforce it.
Laura Testino covers education and children's issues for the Commercial Appeal. Reach her at laura.testino@commercialappeal.com or 901-512-3763. Find her on Twitter: @LDTestino
This article originally appeared on Memphis Commercial Appeal: School districts still required to mask, isolate under latest Shelby County health order
