Yesterday Missouri Attorney General Eric Schmitt announced his office is instructing school districts and local public health departments to stop enforcing COVID-19 mitigation orders such as mandatory masking in school buildings. For context, please see:
- Missouri Attorney General tells schools, health departments to end COVID orders,
- Missouri judge strikes down local health officials’ power to impose COVID-19 orders, and
- Letter to Districts from Attorney General Eric Schmitt).
Missouri NEA has consistently advocated the safest path forward for students, parents, and educators is the rigorous application of COVID-19 mitigation strategies, encouraging vaccination, and following the advice of local health experts. After a careful review of the court case cited in the Missouri Attorney General’s letter, Missouri NEA legal staff advises that local school districts, following the instruction of their elected boards, are not bound by this decision.
Important Takeaways for Educators:
- The case does not apply to health orders issued by elected bodies such as a school board or a community college with an elected board. The decision explicitly supports the ability of an elected body to make health orders. While the court only cites county health boards, essentially, none of the court’s rationale would apply to an elected body like a school board. Unlike DHSS, a school board is a legislative body, not an administrative one. The Missouri Administrative Procedure Act, central to this case, does not cover school boards. This means that even if the Missouri State Supreme Court were to uphold the decision, it would not impact school boards.
- The decision only impacts entities in Cole County (19th Judicial Circuit): This decision is from one judge in the 19th Judicial Circuit. The circuit covers only Cole County. Just as early lower court victories against the anti-union HB 1413 only impacted the entities and jurisdictions where the court had jurisdiction. Anyone outside of Cole County can claim no “court of competent jurisdiction" has ruled on local health orders.
- The decision only applies to the Missouri State Department of Health and Senior Services (DHSS). Therefore, no local, board of education, city, or county regulations, orders, or ordinances are at issue in the decision. Instead, the case is focused solely on DHSS’s actions and authority.
- The case is likely to be appealed. The decision, in this case, is only at the trial level and will be appealed. The Attorney General’s letter attempts to take advantage of the gap between the trial court order and a potential stay by a higher court.
- Political motivations are driving these actions. We all want our schools to be safe for students and educators. However, some politicians use parental concerns about student health and well-being to gain political attention. The Attorney General is currently running in a competitive primary for higher office. These efforts are about gaining political attention and headlines rather than focusing on the health and well-being of all who enter our neighborhood schools.
Missouri NEA will continue to advocate for following local health experts’ advice. The health of students, educators, and our families is too important for political games and attention-seeking.