Category Archives: schools

Adam Pagnucco, COVID-19, MCPS, schools

State to Counties: Vaccinate Private School Staff or Else

By Adam Pagnucco.

Phase 1B of the state’s COVID vaccination schedule includes “education staff, including K-12 teachers, support staff and daycare providers.” Some counties are now starting vaccinations of school staff. The state’s Department of Health has just issued a warning to all county health officers and other vaccine providers that they must include private school staff in their vaccination programs or risk having their vaccines reallocated to other vaccine providers who comply. The state’s warning follows Montgomery County Executive Marc Elrich’s announcement that his county is working with Johns Hopkins Medicine to vaccinate MCPS employees, a statement that makes no mention of private school staff.

The memorandum from Acting Secretary of Health Dennis R. Schrader to vaccine providers is reprinted below.

*****

To: All Local Health Officers and all COVID-19 Vaccine Providers

From: Dennis R. Schrader, Acting Health Secretary
Dr. Jinlene Chan, Acting Deputy Secretary for Public Health Services

Cc: Dr. Karen Salmon, Ph.D., State Superintendent of Schools
Nonpublic Schools

Subject: Phase 1B: Educators – Vaccination of Nonpublic School Faculty and Staff

Date: January 30, 2021

It is the health policy of the State of Maryland that nonpublic schools may not be excluded from any COVID-19 vaccine provider who is administering COVID-19 vaccine to educators.

Any COVID-19 vaccine provider who refuses the vaccination of nonpublic school staff while administering vaccines to public school system employees will have future vaccine allocations reduced or reallocated to providers that comply with the MDH Vaccination Matters Order and COVID-19 Vaccine Provider Bulletins.

Please see the attached Week 8 bulletin, which states that “local health departments should set aside at least 100 doses per week from their overall location for Phase 1B educators in their jurisdiction. This allocation should be set aside until jurisdictions have vaccinated all of their educators.”

Additionally, please see Section 8, Education: page 9 of the bulletin, “Educational facilities include: licensed childcare facilities; K-12: both public school systems and nonpublic schools; and higher educational institutions.”

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Development, Montgomery County Council, schools

Council Overrides Veto, Attacks Elrich, Cuts Revenue for School Buildings

The Montgomery County Council unanimously overrode County Executive Marc Elrich’s veto of their bill to lower impact taxes on development in wide areas around public transit.

The press releases title sets the tone with the strange claim that the override reaffirms the Council’s “commitment to investing in Montgomery County’s future.” Except that by reducing the impact taxes collected, the county will now have less money to invest in school buildings and other capital projects.

It’s a commitment to disinvesting in public infrastructure. The language is especially telling because Democrats normally tout public spending as investment, but they’ve adopted Republican-style talking points on cutting taxes. Knowing this is the case, the press release is at pains to hide just how much they’ve reduced taxes on developers. It just says that the new tax rate will “more accurately” reflect the actual cost of school facilities.

The individual comments are little better. Sponsor Hans Riemer attacks Elrich because that is what he does. He also lauds the policy as “balanc[ing] the competing needs to address school enrollment” and “make our transportation system safer.” Except lowering impact taxes that help build new school buildings hurts rather than helps schools. I imagine this also reflects Hans’s magical thinking that everyone wants to live near transit but that they won’t have many kids—somehow families with kids don’t need housing too.

Councilmember Nancy Navarro refers to this legislation as “bold” which is the same word she used previously for lauding her support for the last tax cut on devleopers.

Overclaiming that this will lead to more “affordable housing” and “environmental sustainability,” Councilmember Andrew Friedson says the bill makes the county “more attractive to new businesses.” Once again, he conflates development with business as the Council continues to do nothing to attract the non-development related business it needs.

There is no requirement for more affordable housing as a share of new development. Impact taxes have little impact on the overall cost relative to demand and land prices, so the major impact will not be a blossoming of housing or a reduction in its price, but further losses to the county treasury to build schools.

All of Hans Riemer’s many other like-minded bills have similarly failed to do much to bring affordable housing to the county. This one won’t either. It might, however, result in more campaign contributions from developers to the incumbent councilmembers and their allies.

Evan Glass touts how hard the Council worked on the new policy—they did spend a lot of time on it—and that it reflects the Council’s commitment to “inclusivity and diversity.” No doubt the Council believes that to be true. But progressive verbiage doesn’t alter the hard fact that, directly at odds with this claim, the county will deepen the already acute shortfall in funds for public school buildings to serve its diverse student population.

“Council Assures More Portables in MCPS’s Future” would have been a good alternative title for the press release.

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Confederate Monuments, Montgomery County Council, Montgomery County Public Schools, schools

Top Seventh State Stories, August 2020

By Adam Pagnucco.

These were the top stories on Seventh State in August ranked by page views.

1. The Squeaky Wheel and Inequities Hiding in Plain Sight
2. Is Talbot County Killing its Golden Goose?
3. Revealed! Funders of Nine Districts
4. Hogan Overturns MoCo Closure of Private Schools
5. MoCo Shuts Down Private Schools – Again
6. Volcano in Rockville
7. Two Districts vs Nine Districts
8. Council Drops Poison Pill on Nine Districts
9. Is the Council Violating the Open Meetings Act?
10. Friedson Asks for Answers on Private School Shutdown

Congratulations to MoCo PTA Vice-President Laura Stewart on writing our top post of the month! Laura’s excellent analysis of school construction geography was widely seen and provoked questions about county capital project decision making. Our Talbot County post saw lots of circulation and commentary on the Eastern Shore. The two major stories of Nine Districts and private school reopenings accounted for most of the rest of our top August posts. Keep reading and we’ll keep writing!

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Adam Pagnucco, COVID-19, schools

MoCo Gives Up on Blanket Private School Shutdown

By Adam Pagnuccco.

Montgomery County health officer Travis Gayles just issued a new order rescinding his recent order shutting down MoCo private schools for in-person instruction. Gayles’s new order states, “I, Travis A. Gayles, M.D., Ph.D., Health Officer for Montgomery County, Maryland, despite believing that it is necessary to close nonpublic schools for in person instruction to protect the public, do hereby, pursuant to the August 6, 2020 Memorandum issued by the Secretary of the Maryland Department of Health, rescind the August 5, 2020 Health Officer Directive Regarding Nonpublic Schools.”

That doesn’t mean private schools can do whatever they want. The state’s memorandum says that private school reopenings should be done in “close consultation” with local health departments using guidance from the state health department. That means there is still a role for regulation. But MoCo has conceded that there won’t be a blanket shutdown.

The county’s press release appears below.

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Health Order Prohibiting Nonpublic Schools Rescinded by Montgomery County Health Officer
For Immediate Release: Friday, August 7, 2020

Reemphasizing the need to protect the health and safety of Montgomery County residents as well as parents, students, teachers and staff from the spread of COVID-19, County Health Officer Dr. Travis Gayles today announced that he has rescinded his health order that prohibited nonpublic schools from opening for in-person instruction until after Oct. 1, 2020. The decision was made due to the new policy announced yesterday by the State Department of Health prohibiting the blanket closure of nonpublic schools.

Today’s new Health Officer Directive and Order regarding public, private and independent schools, dated Aug. 7, 2020, is effective immediately and rescinds the order dated Aug 5, 2020.

The Health Officer continues to strongly advise schools against in-person learning due to the risks posed by COVID-19 and has asked that the Department of Health provide articulable criteria to be used in determining acceptable and safe levels of activity in schools.

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Adam Pagnucco, COVID-19, Ike Leggett, Larry Hogan, Marc Elrich, schools

Private Schools Caught in Elrich-Hogan Feud

By Adam Pagnucco.

Last November, I wrote about the growing feud between Montgomery County Executive Marc Elrich and Governor Larry Hogan. Back then, the issues were the governor’s proposed Beltway widening project, the dispute about how to fix MoCo’s crumbling public safety communications system, the thin blue line flag that was delivered to a MoCo police station and transportation funding. Some of those issues have faded over time but the general radioactivity between the two men can still melt hazmat suits. And now the feud is threatening to blow up MoCo’s private schools.

According to the U.S. Census Bureau, there were roughly 190,000 people age 5 through 18 living in MoCo in 2018. MCPS K-12 enrollment was 158,101 in the 2018-19 school year, suggesting that about 30,000 students, or almost one-sixth of all MoCo kids, were in private school or home school. The Census Bureau’s County Business Patterns series identified 108 private school establishments in the county with 6,610 employees in 2017. Their combined annual payroll was $322 million.

Private schools are a big deal in MoCo.

Right now, private school employees, parents and students are caught in a tit-for-tat power struggle between Elrich and Hogan. This isn’t the typical sparring that the two do over social media. With the county saying one thing and the state saying the opposite, what are these families and employees supposed to do? If you’re a school and you open, the county could fine you. If you don’t, your own parents could sue you and/or pull their kids from your school.

It’s the worst of all worlds!

The situation calls for the low-key tactics of former County Executive Ike Leggett. Hogan, a good old boy developer and son of a Republican politician, and Leggett, a soft-spoken law professor who had risen from a childhood of poverty, couldn’t be more different. But despite their different backgrounds and beliefs, Leggett understood the powers of the governor and learned how to work him. Leggett succeeded in getting Hogan to back off a campaign promise to cancel the Purple Line and the two worked hand-in-hand to lure Amazon to MoCo. If Leggett had any criticism of Hogan, he kept it private. Leggett took a loooooong time to endorse Hogan’s general election rival, Democrat Ben Jealous, and never campaigned against Hogan. The two became peas in a pod – and an odd-looking pod at that!

The lesson of Leggett is not one of capitulation but of continuing to talk despite areas of disagreement. Leggett never made things personal even when other people wanted to. I wrote many tough pieces on his administration and Leggett would respond by seeing me at an event, shaking my hand and saying, “How are you? Is everything OK? Let me know if you need something.” Then I would feel bad about being so hard on him and I would go beat up someone else for a while!

Leggett, who originally hired current health officer Travis Gayles, would have found a way to work this current dispute out. Working the phones with Hogan and state health secretary Bobby Neall, Leggett and his people would have devised a stringent network to regulate private school reopenings without provoking a legal war with the state. And he would have kept it out of the press. The only sign of discussion would have been mutual praise between Leggett and Hogan of what a great job each was doing on handling COVID. As for the private schools, many would probably have opted for distance learning rather than deal with cumbersome county bureaucracy and plan approvals, thereby producing a similar result to the one desired by Elrich. It just would have happened without yelling and screaming.

Leggett is happily retired from elected service now and is probably laughing as he reads this column. He is still around. Maybe Elrich and Hogan should bring him back, always the calmest guy in the room, to settle their increasingly bitter feud.

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Adam Pagnucco, COVID-19, schools

State Responds to New MoCo Shutdown of Private Schools

By Adam Pagnucco.

Maryland Secretary of Health Robert Neall has responded to Montgomery County’s new order shutting down private schools for in-person instruction. In a memo to the state’s health officers (including MoCo health officer Travis Gayles), Neall wrote, “The State of Maryland’s position is that all schools, including public school systems and non-public schools, be provided with the individualized opportunity to determine how they are able to comply with the federal and state COVID-19 guidance to reopen safely and protect students and staff. Those determinations should be made in close consultation with the affected schools and local health departments with Maryland Department of Health guidance.”

In other words, the state is saying once again that there should not be blanket closures of private schools.

So let’s stop back and take a broader view. The county’s original order shutting down private schools was based on authority contained in Governor Larry Hogan’s original emergency order. So Hogan amended his emergency order to exempt private schools from private shutdowns. The county said fine, we will issue a new shutdown order based on a different section of state law. Now Hogan’s health secretary is reiterating state authority over health policy and saying, “No you’re not.”

Looming over all of this is the tangled structure of appointment and reporting relationships between health officers and the state. Calvert County has a good description of that.

Neall’s memo to county health officers appears below.

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COVID-19, schools

MoCo Shuts Down Private Schools – Again

By Adam Pagnucco.

Defying an amended state executive order by Governor Larry Hogan, Montgomery County Health Officer Travis Gayles has issued a new order shutting down private schools for in-person instruction through October 1. The new order follows a call with reporters today in which Gayles said county officials were “continuing to evaluate the impact of the governor’s order on the directive that we put out.”

Bring on the lawyers, folks.

The county’s press release appears below.

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Montgomery County Health Officer Issues Amended Directive to Protect Public Health; Prohibiting In-Person Instruction at Nonpublic Schools Until at Least Oct. 1
For Immediate Release: Wednesday, Aug. 5, 2020

Reemphasizing the need to protect the health and safety of Montgomery County residents as well as parents, students, teachers and staff from the spread of COVID-19, County Health Officer Dr. Travis Gayles today issued a new Health Officer Directive and Order that continued to direct nonpublic schools in Montgomery County to remain closed for in-person instruction until at least Oct. 1, 2020. Today’s order, citing the Maryland Code Annotated Health General § 18-208 and COMAR 10.06.01.06, rescinds and replaces the Health Officer Directive and Order Regarding Private and Independent Schools dated July 31, 2020. The new order, which is effective immediately, remains valid until Oct. 1, 2020, or until rescinded, superseded, amended, or revised by additional orders.

County officials continue to base their public health decisions on data and the data and science and at this point, the data does not suggest that in-person instruction is safe for students, teachers and others who work in a school building. There have been increases in transmission rates of COVID-19 in the State of Maryland, the District of Columbia and the Commonwealth of Virginia, particularly in younger age groups, and this step is necessary to protect the health and safety of Montgomery County residents.

Nonpublic schools are defined as any school located in Montgomery County, Maryland that are not public schools. This includes, but is not limited to all private pay schools, schools affiliated with religious institutions, or schools that are otherwise considered to be independent schools. The Order does not apply to programs licensed or regulated by the Maryland Office of Childcare. Those programs were reopened effective July 19, 2020 pursuant to County Executive Order 082-20.

Based on CDC best practices for the reopening of schools, County health officials will continue to monitor the epidemiological surveillance data and that will guide the decision as to when it is safe to reopen nonpublic and public schools.

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COVID-19, Larry Hogan, schools

Hogan Overturns MoCo Closure of Private Schools

By Adam Pagnucco.

Minutes ago, Governor Larry Hogan issued an amended executive order preventing political subdivisions from closing or modifying the operations of schools. The governor issued this statement:

The recovery plan for Maryland public schools stresses local flexibility within the parameters set by state officials. Over the last several weeks, school boards and superintendents made their own decisions about how and when to reopen public schools, after consultation with state and local health officials.

Private and parochial schools deserve the same opportunity and flexibility to make reopening decisions based on public health guidelines. The blanket closure mandate imposed by Montgomery County was overly broad and inconsistent with the powers intended to be delegated to the county health officer.

To be clear, Maryland’s recovery continues to be based on a flexible, community-based approach that follows science, not politics. As long as schools develop safe and detailed plans that follow CDC and state guidelines, they should be empowered to do what’s best for their community.

I want to thank all the parents, students, and school administrators who have spoken out in recent days about this important issue.

The language of the governor’s amended executive order states at I.(e):

If a political subdivision determines that doing so is necessary and reasonable to save lives or prevent exposure to COVID-19, the political subdivision is hereby authorized to issue Orders that are more restrictive than this Order (“Local Orders”):

i. requiring any businesses, organizations, establishments, or facilities (except schools) to close or modify their operations; and/or

ii. requiring individuals to remain indoors or to refrain from congregating.

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Andrew Friedson, COVID-19, schools

Friedson Asks for Answers on Private School Shutdown

By Adam Pagnucco.

District 1 County Council Member Andrew Friedson has sent the letter below to county health officer Travis Gayles asking a series of questions about the county’s shutdown of private schools for in-person instruction, which happened on Friday. Friedson’s district includes Bethesda, Cabin John, Chevy Chase, Garrett Park, Glen Echo, North Bethesda, Poolesville, Potomac and part of Kensington.

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August 3, 2020

Travis A. Gayles, M.D., Ph.D.
Health Officer, Montgomery County
401 Hungerford Drive, 5th Floor
Rockville, MD 20850

Dr. Gayles,

As I am sure you are aware, the health order you issued late Friday, July 31 prohibiting independent schools from reopening for in-person instruction has been met with a great deal of anger, frustration, and confusion among our residents. This order caught many independent school leaders and families by surprise, including many who have spent the last several months preparing to open based on CDC and state guidelines. Understandably, it has generated countless questions conveyed to me and my office over the weekend.

While I recognize that not everyone will agree with all of the difficult decisions you must make as our County’s Public Health Officer during this pandemic, our residents do deserve clear, logical, and consistent rationales for those decisions, along with timely and transparent answers to their questions. In that spirit, I am requesting that you answer the following questions for our residents in a thorough, fact-based, and timely manner, consistent with previous reopening decisions made to date:

1. What specific health metrics and epidemiological data were used to make the determination that independent schools cannot safely open until at least October 1? Are there specific, objective public health metrics that must be met before in-person instruction can take place?

2. Why are neighboring jurisdictions with similar transmission rates allowing independent schools to open? Are they basing their decisions on different data? Do they assess the risk differently?

3. Have you consulted with neighboring jurisdictions to determine why they’ve reached a different conclusion than our health department?

4. Have you consulted with the State Health Department to discuss this decision and the factors upon which it is based?

5. Are there specific, unique features of a school setting that carry significant additional risk of transmission compared to other businesses such as child care providers, restaurants, barbers, retailers and offices that are able to operate on a limited basis with health directives such as social distancing, use of facial masks and other PPE, and cleaning protocols?

6. Rather than a wholesale prohibition of in-class instruction, did you and your team consider whether independent and religiously affiliated schools should be provided a set of health and safety guidelines for reopening like other sectors in our community? Are there no health directives and safety measures that can be employed in order for schools to open as many businesses have been able to? If not, why?

7. Were independent schools directly involved in the decision-making process to determine how they had planned to follow the CDC and state guidelines and whether there were additional measures that could be employed to further mitigate transmission risk? Were schools afforded an opportunity to provide individualized reopening plans for your consideration?

8. I understand that some day-care centers will operate “kindergarten support” classes. Children who would otherwise be in public school kindergarten will go to these classes at a day-care center, and the day-care center will assist the children with the online kindergarten instruction, and also provide aftercare. If that can be done safely, is it possible for a private school to safely operate a kindergarten class, provided it has the same density of children and adults and uses the same safety standards as a day-care center operating a “kindergarten support” class?

Because these decisions are not easy and the available information regarding this disease is rapidly evolving, it is even more critical that public health directives be made as clearly, consistently, and transparently as possible. If we ask the community to follow the rules, we must ensure that they have faith in the process that determined the rules, as well as the policies themselves. Thank you in advance for your prompt response to these questions.

Sincerely,
Andrew Friedson
Councilmember, District 1

CC: Marc Elrich, County Executive
Dr. Earl Stoddard, Director, Office of Emergency Management and Homeland Security
Sidney Katz, President, County Council
Gabe Albornoz, Chair, Health and Human Services Committee, County Council

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COVID-19, schools

MoCo Shuts Down Private Schools for In-Person Instruction

By Adam Pagnucco.

Montgomery County Health Officer Travis Gayles has issued an order shutting down private schools for in-person instruction. The order includes but is not limited to “all private pay schools, schools affiliated with religious institutions, or schools that are otherwise considered to be independent schools.” The order as currently drafted applies through October 1, 2020. Gayles cites State Executive Order 20-07-29-01 as giving him the authority to institute the shutdown. The order prohibits private schools from “physically reopening for in-person instruction” but is silent on virtual instruction.

The order from Gayles is reprinted below.

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