In early August, Monroe County commissioners voted 3-0 to require all folks in Monroe County, vaccinated or not, to put on a face overlaying whereas indoors in a public area.
The well being order, based mostly on steering from the Centers for Disease Control and Prevention, was set to expire Sept. 30, except repealed or prolonged. The Monroe County Health Department prolonged it by means of Oct. 31. The extension was accepted by the county commissioners on Wednesday, Sept. 29.
The well being order states that “for academic and extra-curricular activities, all K-12 schools in Monroe County shall follow the guidelines of the Centers for Disease Control (CDC), Indiana Department of Education (IDOE), and the Indiana State Department of Health (ISDH). It is recommended that Monroe County schools consult with the Monroe County Health Department, regarding best practices based on current, local conditions.”
Only one Ok-12 school within the county — Seven Oaks Classical School — didn’t require masks after they began school Aug. 11.
Here’s what occurred.
Stephen Shipp, headmaster of Seven Oaks Classical School, greets college students in September 2016, on the primary day of the brand new charter school in Ellettsville. The school is in a renovated portion of the constructing that after housed the Ellettsville Elementary School. David Snodgress | Herald-Times
What is Seven Oaks Classical School?
Seven Oaks Classical School, a public charter school in Ellettsville, says it provides a conventional, classical training. Its mission is “to train the minds and improve the hearts of young people through a rigorous classical education in the liberal arts and sciences, with instruction in the principles of moral character and civic virtue.”
The school opened in fall 2016 with 161 college students in grades Ok-8, in accordance to its web site. By 2020, it had grown to greater than 400 college students.
Seven Oaks
In 2017, a group known as the Indiana Coalition for Public Education of Monroe County filed a lawsuit asking that the school’s charter be revoked. The lawsuit, which was finally dismissed, claimed that as a result of its charter was issued by a spiritual establishment, it was unconstitutional.
More: Monroe County coalition information lawsuit difficult Seven Oaks charter
Seven Oaks has a charter by means of Grace College and Theological Seminary, a self-described evangelical Christian establishment in Winona Lake, Indiana. Seven Oaks had beforehand been denied a charter by different means, twice.
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Indiana legislation permits the next entities to authorize charter faculties: native school boards; the Indiana Charter School Board; any state instructional establishment that provides a four-year baccalaureate diploma; a metropolis govt corresponding to a mayor; or a nonprofit school or college with a four-year baccalaureate or extra superior diploma program.
The school’s first senior class graduated in spring 2021, with 10 college students.
2021-22 school security planning
Seven Oaks Classical School’s board in June handed a decision regarding COVID-19 tips for the 2021-22 school 12 months. Their coverage acknowledged that the school would function in a “normal” trend. That meant no mask necessities at any time for lecturers, workers or college students on campus or whereas collaborating in school-related or school-sanctioned actions.
Do charter faculties have to follow public well being orders?
Because the Monroe County well being order requiring mask mandates applies to all indoor public areas, that would come with faculties. Monroe County Health Department administrator Penny Caudill mentioned in August that any school within the county refusing to comply could be in violation of the order.
According to Indiana Code 20-26-5-6, charter faculties are topic to regulation by state businesses, just like the secretary of training and state division of well being, but additionally any native governmental company “to which the state has been delegated a specific authority in matters other than educational matters and other than finance, including plan commissions, zoning boards, and boards concerned with health and safety.”
“A school’s adoption of its own rules, rather than following the CDC’s guidance or recommendation, would be a violation of the board’s order, in my opinion,” Caudill mentioned.
Seven Oaks says no
When Seven Oaks Classical School started the 2021-22 school 12 months, it nonetheless had no mask guidelines in place and deliberate for a “normal” 12 months.
Terry English, an legal professional and member of the Seven Oaks board, mentioned the school would strongly resist any mask mandate. The board, he mentioned, believed it ought to be a resolution left to dad and mom.
“We do not believe that the health department has jurisdiction to force us into a position of requiring anyone within our school to wear a mask,” English mentioned.
More: Indiana charter school Seven Oaks Classical School is defying its county’s COVID mandate
CDC steering additionally really useful common indoor masking for all lecturers, workers, college students, and guests to faculties, no matter vaccination standing.
“We simply don’t choose to follow the recommendations of the CDC,” English mentioned. “The CDC has limited, if any, power to issue mandates, and we choose not to follow what the CDC has recommended. Now if the county takes that as being defiance of their order, then so be it.”
How did the county reply?
At first, the native well being division hoped entities would voluntarily adjust to the order. But authorized motion for not implementing the mandate is a Class C ordinance violation, and fines already had been issued to these in violation. Legal motion, together with closing a enterprise, additionally is feasible.
Just greater than a week into Seven Oaks’ school 12 months, Monroe County’s well being division issued a $250 positive to the school. Caudill issued the ticket after observing only a few masks on the school.
More: After being fined for violating well being order, Seven Oaks Classical School is interesting
Seven Oaks appealed, stating that it “is deeply concerned about the well-being of all in the school community. The school also prizes obedience to the law and the cultivation of civic virtue. We rejoice that there are formal institutions and processes to resolve disagreements over what the law requires, and we see it as a point of civic virtue to make use of those institutions and processes where disagreements arise that cannot be resolved informally.”
Monroe County Code 307-5 requires commissioners to review appeals to determine if implementation of the order causes harm due to any one of the following:
enforcing the health order would have an inverse impact on individuals experiencing a disability
the appellant has a compelling interest that justifies deviation from the health order and have taken measures that insures public health, or
appellant appeals that no violation of the emergency health order occurred.
Seven Oaks said in the appeal that 13% of its students qualify for special education services, and wearing a mask would present a barrier to effective learning.
The county’s health order includes an exception to the mask mandate for those who are unable to wear a face covering for a documented physical, medical or health-related reason, as well as those for whom a face covering would present a safety risk.
A hearing was scheduled for county and school officials to discuss the problem.
From top left, Monroe County Attorney Margie Rice, Monroe County Commissioners Julie Thomas, Lee Jones and Penny Githens, county health department administrator Penny Caudill and Seven Oaks Classical School Headmaster Stephen Shipp are seen during a hearing held via Zoom on Monday.
Health order revision
On Sept. 1, the health department revised its order to clarify language, removing that K-12 schools “ought to” follow CDC guidelines and replacing the word with “shall.” This change was made after Seven Oaks was cited for not following the public health order.
The subsection titled “faculties” says “all Ok-12 faculties together with all personal and/or public faculties in Monroe County shall follow the rules of the Centers for Disease Control.” The CDC’s recommendations include universal indoor masking for all teachers, staff, students and visitors, regardless of vaccination status.
What happened at the hearing?
Officials met virtually Sept. 20 in a public hearing.
Seven Oaks headmaster Stephen Shipp outlined three points in the five-page appeal:
That the emergency health order does not apply to schools.
That the compelling interest in education, maintaining the emotional social well being of students and maintaining a healthy partnership with parents and that the school’s 2021-22 COVID-19 protocols display measures taken to ensure public health justifies deviation from the health order.
That enforcing of the health order would have an adverse impact on students who are experiencing a disability and those who are facing potential disability.
Shipp said parents had enrolled their students in Seven Oaks with a belief that the school would allow them to choose whether their children would wear masks. “Other prevention measures exist moreover masks, and certainly, the school has adopted a number of protocols geared toward mitigating dangers to public well being together with the dangers posed by COVID-19,” he said.
More: Commissioners hear Seven Oaks’ appeal of health order citation, wait to make ruling
Shipp’s statements showed a disagreement in the interpretation of the laws. County attorney Margie Rice asked Shipp if he thought “that your board’s or your dad and mom’ opinion trumped the native board of well being.”
Referencing Indiana Gov. Eric Holcomb’s Executive Order 21-19, Shipp replied: “We thought that the executive order could be read, invites you to read, the governor himself suggested to be read, in a way that allowed a decision about masks to be made by a local school board.”
Executive Order 21-19 reads:
“Except as provided below, K-12 school corporations are responsible for implementing local measures and restrictions to address the impact and spread of COVID-19 in their buildings, facilities and grounds.”
When asked if the number of COVID-19 cases reported at Seven Oaks was disproportionate relative to those reported at other schools enforcing a mask mandate, Caudill said no, as far as she knows. As of late September, Seven Oaks had reported six positive COVID tests among its students and fewer than five among teachers, according to the state’s online dashboard.
“To me, this fine has to stand,” Rice mentioned in her closing assertion. “I think you could call it a lesson in democracy for them. The state law is very clear. I would not be confused just because Dr. Shipp wants to read in ambiguity or read in confusion. It’s not confusing. The state of Indiana has authority to regulate regarding health. They have delegated to their 92 counties the authority to regulate health. And charter schools have to follow those regulations. It’s really pretty simple.”
Grace College, which approved the school’s charter, wrote that the Seven Oaks board would have seven days to comply in the event that they misplaced the attraction.
Opinion: Seven Oaks headmaster responds to commissioners ruling
County officers: Charter school should comply
Monroe County’s board of commissioners waived the $250 positive from the school’s quotation, however denied the attraction.
“Because the health order was clarified after the appeal, and your interpretation may have been sincere, we will waive the fine, but do expect you to comply with this and all future health orders,” board vice chairman Lee Jones mentioned.
Did county officers violate Open Door Law?
Seven Oaks filed a lawsuit accusing the county commissioners and well being division of violating Indiana’s Open Door Law. The charter school additionally filed a formal grievance in opposition to the commissioners with the Office of the Public Access Counselor.
More: Public entry counselor says Open Door Law recommendation on Seven Oaks ‘doubtlessly inaccurate’
Public Access Counselor Luke Britt mentioned recommendation he gave the commissioners concerning the matter underlying Seven Oaks’ grievance was “potentially erroneous.” The commissioners and Britt mentioned the commissioner’s new duties associated to appellate assessment of native well being board enforcement actions and “how, in terms of practicality, the appeals procedure could reasonably be considered a quasi-judicial function, deliberations about which would not fall under the Open Door Law (ODL).”
Britt advised The Herald-Times the difficulty was whether or not when performing in a quasi-judicial capability the commissioners might deliberate behind closed doorways as a result of judicial exercise is just not coated by the Open Door Law.
Seven Oaks seeks to recoup its legal professional charges, court docket prices and litigation bills within the lawsuit
This article initially appeared on The Herald-Times: Indiana charter school Seven Oaks Classical School fights mask mandate
