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Ducey orders in-person school to resume by March 15
Yavapai, Coconino and Pinal counties: No mandate for in-person instruction for middle and high schools

Adobe Stock photo

Adobe Stock photo

PHOENIX - Declaring it's safe, Gov. Doug Ducey is ordering all Arizona schools to return to in-person and teacher-led instruction.

In an executive order Wednesday, the governor said that standards developed by the Centers for Disease Prevention and Control show that 12 of the state's 15 counties have sufficiently curbed COVID-19 to the point where it is safe. That includes the state's two largest counties.

"Arizona's students need to be back in the classroom,'' Ducey said in a prepared statement. And he said that more than half the state's schools are open at offering at least an in-person option.

"More schools need to follow their lead and pave the way for equitable education options for every Arizona student,'' he said.

There is an opt-out of sorts.

Ducey's order spells out that schools must notify parents "within a reasonable time period'' that in-person instruction will resume. But it does require them to continue to offer virtual instruction for students "upon request from a parent or guardian.''

Ducey pointed out that teachers have been given priority for getting vaccinated.

"Many have already received their second dose,'' he said. "The science is clear: It's time all kids have the option to return to school so they can get back on track and we can close the achievement gap.''

The order does have other exceptions.

In counties where the transmission rate is still listed as "high'' -- meaning Pinal, Yavapai and Coconino -- there is no mandate for in-person instruction for middle and high schools.

But the governor said that should not be taken as a license to simply continue with online instruction. And his order says that schools in those counties that already are open "shall remain open and strictly implement mitigation strategies.''

"CDC is clear that there is a safe pathway if they implement proper mitigation strategies,'' he said.

Ducey is relying heavily on the CDC to justify his action.

In his executive order, he points out that the agency issued updated guidance for school operations. That guidance states "there is evidence to suggest that K-12 in-person school attendance is not a primary driver of community transmission.''

Beyond that, the governor noted the CDC says that schools can safely provide in-person instruction "through strict adherence to mitigation strategies.'' That includes masks, physical distancing, hand washing and respiratory etiquette.

All this is effective after spring break or, if there is no scheduled break, by March 15.

The order does have an escape valve. It says that individual district or charter schools may close only if the local health department advises closing the entire school to a significant outbreak of the virus "that poses a risk to students or staff.''

Even in those cases, though, that closure also has to be approved by the Arizona Department of Health Services. And the schools must continue to offer on-site support services for students who need it during the closure.

The order actually creates three categories of schools and what they are required to do.

In any county with low or moderate transmission, it says schools will be open with both in-person and virtual instruction options. At the moment, though, only Yuma County qualified.

Eleven counties are in the category of having a "substantial'' risk of transmission. They have the same requirement, but with a note saying that middle and high schools "may reduce attendance to reduce transmission and increase physical distancing.''

That leaves the three counties with a high risk of transmission. There, middle and high schools that have not already reopened can continue with virtual instruction, though that is not required.

The governor already has lined up the support of the Republican legislators who chair the education committees in both the House and Senate.


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