UPDATE

On September 1, 2020, PHMDC released Emergency Order #9 Amendment. The only change made to Emergency Order #9 was to allow for in-person instruction for students in any grade with a disability and/or with an IEP who may need to receive in-person instruction. This change is reflected in paragraph 4.d. on page 5 of the order.

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Prohibits In-Person Instruction for Grades 3-12

Effective Monday, August 24, 2020, public and private schools in Dane County may not hold in-person student instruction for students in third to twelfth grades under Public Health Madison and Dane County (PHMDC) Emergency Order #9. Schools may conduct kindergarten to second grade classes in-person with certain restrictions, including a requirement that the school also offer virtual learning options for its K-2 students. In order to open, schools must also adopt and distribute to staff PHMDC’s COVID response plan, which has not yet been posted.

Emergency Order #9 also modifies requirements applicable to child and youth care; expands the County’s face mask requirements; clarifies restrictions on religious groups; and changes the use of “bar” to “tavern,” as defined under Wisconsin statutes. The other requirements of PHMDC Emergency Order #8 remain unchanged.

School Closures

• All school buildings and grounds – public and private – may open for in-person student instruction only for grades K-2. These schools must also offer a virtual option for students.
• Although not included in the Emergency Order, PHMDC stated that it may consider reopening grades 3-5 for in-person instruction if Dane County sustains at or below a 14-day average of 39 cases per day for four consecutive weeks. For PHMDC to consider reopening grades 6-12 for in-person instruction, Dane County must sustain at or below a 14-day average of 19 cases per day for four consecutive weeks. PHMDC also noted that if there are more than 54 average cases per day over a two-week period, they would consider closing all schools to in-person instruction. We anticipate that PHMDC would provide orders when metrics permit reopening certain grades, or closing all grades.
• Under revised requirements, all schools must:
  • Implement a hygiene policy and procedure (Section 4.d.i.), and a cleaning policy and procedure(Section 4.d.ii.)
    • PHMDC has not changed these policy requirements
  • Implement a written protective measure policy and procedure (Section 4.d.iii.) that includes several new requirements to ensure that:
    • When indoors and on buses, students age 5 and older and employees wear face masks and, to the greatest extent possible, maintain at least six feet distance from others.
    • Students and employees who cannot wear a face mask (based on the exceptions set forth in Section 2.c.) maintain at least six feet distancing from others when indoors and on buses.
    • Students and employees, to the greatest extent possible, maintain at least six feet distance from others when outside.
    • Student and employee groupings are as static as possible by having the same group of students stay with the same employees as much as possible. Mixing between groups must be restricted as much as possible.
    • While common areas (such as cafeterias and gyms) may be open, student groupings should be in distinct spaces within the common areas and not mix with one other.
  • Implement PHMDC’s action plan for COVID-19 cases
    • PHMDC will post this plan here when it is available
  • Document employee receipt, acknowledgment, or training on the cleaning, hygiene, and protective measure policies and the COVID action plan (Section 4.d.iv).
  • Post PHMDC’s workplace requirements poster in a location where it is easily viewed by all employees.
    • Employers can email this to all its employees if all or some of your school staff is working from home.

Modified Restrictions on Child and Youth Care

• Groups or classrooms must be limited to 15 or fewer children regardless of the children’s ages.
  • Under previous orders, the limit was 25 children if they were all 13 years or older.
• Organizations must also require children who are 5 years or older to maintain at least six feet apart to the greatest extent possible.

Expanded Face Coverings Requirements

• A face covering is still required for all individuals age 5 or older. Children 2-5 years old are encouraged to wear a face covering. Note that PHMDC has clarified that children under the age of 2 should never wear a covering.
• In addition to being required indoors, in line to enter a building, or in a vehicle with individuals outside of your home, face masks are now also required outdoors at a restaurant or tavern.
• As a reminder, all organizations are required to post PHMDC’s “Face Covering” sign, or a similar sign, that is visible upon entering the property.
  • This posting requirement includes residential properties that have shared common indoor spaces, e.g. hallways, lobbies, mailrooms.
• Recall that a face covering is defined as “a piece of cloth or other materials that is worn to cover the nose and mouth completely.” This may include a bandana, cloth face mask, a disposable or paper face mask, a neck gaiter, or a religious face covering. It does not include a face shield, mesh mask, a mask with holes or openings, or a mask with vents.

Religious Group Gatherings

• PHMDC clarified that religious entities are exempt from mass gathering requirements only for religious services and practices.

Violations of this order are considered ordinance violations and are enforceable by any local law enforcement official.

The Lake Effect team will continue to monitor important updates such as these from Dane County and other counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.