School openings ‘a local control issue’

Levine tells state lawmakers guidance ‘not a mandate’

When children don't go to school in person, they're at greater risk of mental and physical health problems, including depression, suicidal thoughts and abuse, they don't benefit from socialization, they don't learn as well and some lack equitable access to the tools for learning virtually, said members of the state House and Senate education committees at a joint hearing on school reopenings Wednesday.

"We all agree," said state Health Secretary Dr. Rachel Levine, who was both criticized and praised, and who is a longtime member of the American Academy of Pediatrics. She was cited by one lawmaker for supporting in-person learning.

"However, we're in the midst of the worst pandemic since 1918, and all we've done is to try to keep young people, teachers, families and communities safe," Levine said.

Moreover, the administration's guidance on whether instruction is in-person, remote or a blend of the two -- based on the level of recent infections in each county, whether low, moderate or substantial -- is only a recommendation, and local school districts can use their own judgment on whether to follow it, Levine said.

"This is a local control issue," she stated. "It's not a mandate."

The metrics the department is using as the basis for that guidance are the same as those published by the Centers for Disease Control and Prevention and the White House Coronavirus Task Force, Levine said.

"It's based on science and data," Education Secretary Pedro Rivera said.

While the guidance isn't mandatory, if it's not followed, the virus will probably spread, Levine said.

Similar recommendations weren't followed in other states that have reopened their schools, and outbreaks happened, followed by shutdowns, Levine said.

But there have been no cases of COVID-19 deaths of people under age 20 in Pennsylvania, even as there have likely been additional suicides and overdose deaths because of the pandemic, argued state Sen. Wayne Langerholc of Cambria County, the Republican chairman.

Children get infected, and they can spread the virus to members of their families, including parents and grandparents, who may be far more vulnerable, Levine said.

Teachers and other school staffers can get it, too, she said.

The guidance may be in the form of recommendations, but the potential liability of school districts and school officials makes it feel like a mandate, said state Sen. Andrew Dinniman of Chester County, the Democratic chairman.

And the threat of lawsuits, should districts depart from those recommendations, makes it also an insurance problem, Dinniman said.

"How will they defend themselves if something happens?" Dinniman asked rhetorically.

"Let the solicitors worry about the lawsuits," said state Sen. James Brewster, a Democrat, who serves parts of Allegheny and Westmoreland counties. "Let the superintendents do their jobs."

Ultimately, the General Assembly will probably need to act on the liability question, Dinniman said.

The evolution of the administration's guidance over the summer has confused local school officials, Langerholc said.

"You're losing the confidence of many superintendents," he said.

The changes have "destroyed" plans made by school officials in his district, Dinniman said.

The department has issued its recent, more specific guidance at the request of those very officials, Levine said.

There are concerns about whether remote learning will keep districts from fulfilling their requirements for 180 days of instruction, whether the state will ensure nonpublic schools get adequate nursing assistance when nearby public schools in their areas are working online, whether there will be enough teachers to step in when others must quarantine, whether there will be sufficient child care services to help working parents who normally rely on their children being in school and whether there will be enough air flow in old buildings with sealed windows to ensure student safety, lawmakers said.

The Department of Education has worked to ensure that online learning will allow districts to fulfill their 180-day requirement, said Deputy Education Secretary Matt Stem.

The administration intends to ensure that nonpublic schools receive nursing help equivalent to what they received last year, one official said.

There was a shortage of teachers even before the pandemic, one the pandemic has exacerbated, and the department is working to ease it by streamlining requirements -- without permitting unsuitable candidates entry into the system, Rivera said.

The DoE is reviewing regulations related to child care in order to increase "flexibility," Rivera said.

Forty-four of the 67 counties -- including Blair and its contiguous counties -- are in the moderate category, for which recommendations call for blended or full remote learning. Two -- Fayette and Union -- are in the substantial category, for which the recommendation is full remote. The rest are in the low category, for which the recommendation is full in-person or blended.

Low community transmission means fewer than 10 new infections per 100,000 residents over the past seven days, coupled with less than 5% of tests that are positive.

Moderate transmission means between 10 and 100 new infections per 100,000 residents over the past seven days and between 5% and 10% positivity.

Substantial transmission means 100 or more new infections and 10% or more positivity.

"I understand the importance of balancing public health" with education, said state Sen. Ryan Aument, R-Lancaster.

But the administration ought to be more "transparent" about the need and importance of working toward in-person education, he said.

The lack of in-person instruction can have severe consequences, said state Rep. Joshua Kail, a Republican who serves Beaver and Washington counties.

"We're quite literally ruining lives with these recommendations," he said.

Mirror Staff Writer William Kibler is at 949-7038.