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  • USEP Legal Injunction August 12

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    USEP has asked for a virtual reopening until such time as Pasco County can meet the CDC recommendations of a 14-day downward trend in positive test cases and a district-wide percentage of test cases of 5% or less.

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    USEP legal injunction August 12

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    USEP has asked for a virtual reopening until such time as Pasco County can meet the CDC recommendations of a 14-day downward trend in positive test cases and a district-wide percentage of test cases of 5% or less.

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    190 Ansichten49 Seiten

    USEP Legal Injunction August 12

    Hochgeladen von

    10News WTSP
    USEP has asked for a virtual reopening until such time as Pasco County can meet the CDC recommendations of a 14-day downward trend in positive test cases and a district-wide percentage of test cases of 5% or less.

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 49
    IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA CIRCUIT CIVIL DIVISION UNITED SCHOOL EMPLOYEES OF PASCO, Paints, cman A 1198 ES KURT S. BROWNING, SUPERINTENDENT OF PASCO COUNTY SCHOOLS; COLLEEN BEAUDOIN, IN HER 2 7 OFFICIAL CAPACITY AS CHAIR OF THE Sen PASCO COUNTY SCHOOL BOARD; and THE = 3g PASCO COUNTY SCHOOL BOARD, ee ao = 79 Defendants. 2 op / = 233 VERIFIED COMPLAINT FORINJUNCTIVE «<3 oa AND DECLARATORY RELIEF Plaintiff, UNITED SCHOOL EMPLOYEES OF PASCO (USEP) sues the Defendants KURT. S. BROWNING, Superintendent of Pasco County Schools; COLLEEN BEAUDOIN, in her Official Capacity as Chair of the Pasco County School Board; and THE PASCO COUNTY SCHOOL. BOARD, and alleges as follows: 1. The Florida Constitution mandates [a] dequate provision shall be made by law fora uniform, efficient, safe, secure and high quality system of free public schools.” Fla, Const. Art. 1X§1. The Defendants’ unconstitutional handling of their duties has infringed upon this mandate and requites the courts to issue necessary and appropriate relief 2. Plaintiff brings this suit to safeguard the health and welfare of Pasco County students, educators, staff, parents, and the general public, including residents of Pasco County, Florida, following the failure to take necessary steps to mitigate community spread of the Corona virus Disease 2019 (COVID-19), as set forth in the Centers for Disease Control (“CDC”) guidelines. The CDC guidelines provide the most authotitative critetia for the safe reopening of a broad range of facilities, operations, and activities, including schools. Without rational basis for ignoring the CDC guidelines, Defendants are requiring thousands of public school employees and students in Pasco County to return to brick aid ‘mortar schools on August 17, 2020 amid an unacceptably high level of COVID-19 cases. 3. An actual controversy currently exists between the Plaintiff, acting as the representative of school employees in Pasco County, and the Defendants. 4. Absent the requested relief, schools across Pasco County will continue their current planning and actions to unsafely reopen face-to-face operations in the next weeks to the injury and detriment of students, educatoss, staff, patents, and the citizens of Pasco County. Emergency relief is needed from this Court to protect the community from Defendants’ arbitrary and unconstitutional actions and omissions. JURISDICTION AND VENUE 5. This Court has jurisdiction pursuant to Fla. Stat. §§ 26.012(2)(¢) and § 86.011. 6. Venue is proper in Pasco County, Florida, as causes of action accrued in Pasco County, Flotida, Fla. Stat. §§47.011 and 47.021. PARTIES 7. Plaintiff, UNITED SCHOOL EMPLOYEES OF PASCO (“USEP”) is an organization comprised of more than Five Thousand One Hundred (5,100) and Three Thousand Six Hundred (3,600) (SRP or non-instructional) employees including teachers, educational support professionals, psychologists, counselors, social workers, registered nurses, food service employees, technical support professionals, and occupational therapists in the Pasco County School District. USEP advocates on behalf of its members including their right pursuant to Article 1, Section 6 of the Florida Constitution to bargain collectively over wages, hours, and other terms and conditions of employment. 8, Defendant, Colleen Beaudoin is the elected chair of the Pasco County School Board. 9. Defendant, Pasco County School Board (PCSB) is a constitutionally created body pursuant to Article IX, § 4, Fla. Const. and. § 1001.32), Fla. Stat, and a corporation pursuant to § 1001.41 4), Fla, Stat. It operates the Pasco County School District. 10. Defendant, Kurt S. Brownings the Superintendent of Pasco County Public Schools, elected by the citizens of Pasco County. He acts as the administrator of the Pasco County Schools and carries out the directives of the Pasco County School Board. RELEVANT FACTS, 11. In easly 2020, the citizens of Flotida, along with the rest of the world, leamed of a “novel coronavirus,” which causes the disease COVID-19 in humans, 12. The virus that causes COVID-19 is thought to spread mainly from person to person, mainly through respiratory droplets produced when an infected person coughs, sneezes, or talks. These droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs. Spread is more likely when people are in close contact with one another (within about 6 feet). 13, COVID-19 seems to be spreading easily and sustainably in the community (“community spread”) in many affected geographic areas. Community spread means people have been infected with the virus ia an area, including some who are not sure how or where they became infected. 14, In response to the distinct threat of COVID-19, Governor Ron DeSantis issued Executive Order 20-51 on March 1, 2020, directing the State Health Officer and Surgeon General to declare a public health emergency in Florida. A copy of said Orderis attached as Exhibit A. Governor DeSantis also ditected the State Health Officer and Surgeon General to follow the guidelines provided by the CDC and establish protocols to control the spread of COVID-19 and educate the public on the prevention of the virus. 15. Governor DeSantis followed up with Executive Order 20-52 on March 9, 2020, declaring a State of Emergency in Flotida, as citizens of eight counties had tested positive for COVID-19. A copy of said Order is attached as Exhibit B. Governor DeSantis again references CDC guidelines, which at the time, recommended mitigation measures for communities experiencing an outbreak, including staying at home when sick, keeping away from others who ate sick, limiting face-to-face contact with others as much as possible, consulting with your healthcare provider if individuals or members of a household are at high tisk for COVID-19 complications, wearing a facemask if advised to do so by a healthcare provider or by a public health official, staying home when a household member is sick with respiratory disease symptoms if instructed to do so by public health officials or a health cate provider. 16. On March 23, 2020, Commissioner Corcoran entered DOE Order 2020-EO-01, closing public schools ia the state of Flotida due to COVID-19. A copy of said Order is attached as Exhibit C. The 2019-2020 school year was ultimately completed through distance learning. 17. On April 29, 2020, Governor DeSantis, “based on guidance provided by the White House and the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and the Florida Surgeon General and State Health Officer, Dr. Scott Rivkees” entered Executive Order 20-112, detailing the beginnings of a phased approach to re0pening Florida, moving most of Flotida, including Pasco County, from Phase 0 to Phase 1. A copy of said Order is attached as Exhibit D. All of Florida was moved into Phase 1 on May 15, 2020. See Executive Order 20-113, 18. The phased re-opening plan is detailed in a report by the Re-Open Florida Task Force. The plan details four phases. 19. Both Phases 0 and 1 strongly discourage public gatherings of more than ten (10) people at a time, which would eliminate the ability of public schools to operate. 20. On June 3, 2020, Governor DeSantis “in concert with the efforts of President Donald J. ‘Trump, and based on guidance provided by the White House and the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and the Florida Surgeon General and State Health Officer,” moved most of Florida, including Pasco County, to Phase 2 by Executive Order 20-139, 2 copy of which is attached as Exhibit F. 21. Since that time, COVID-19 infections, hospitalizations, and deaths have been on the tise throughout the Central Florida area. 2, Phase 2 should begin after successful conclusion of Phase 1, meaning a downward trajectory of the syndromic and epidemiology criteria, while maintaining adequate health care capacity. This ‘occurs when there is no evidence of a rebound or resurgence of COVID-19 cases. 23. Pursuant to the Re-Open Florida Task Force guidelines, all individuals should continue to maximize physical distance from others in public, particularly in enclosed environments. Individuals should further avoid socializing in groups of more than 50 people in circumstances that do not readily allow for appropriate social distancing of atleast 6 feet. 24, Iis impossible to follow these recommendations in Pasco public schools, where hundreds of children will gather in indoor classrooms for multiple hours a day, in close proximity to each other. 25. Florida has also seen a drastic increase in the daily deaths attributed to COVID-19. According to the Florida Department of Health, 120 new deaths were reported on August 5, 2020, with 7,871 deaths reported since March 1st. 26. COVID-19 is currently running rampant through our community, and the numbers for infection, hospitalization, and death are clearly on the ris. 27. On July 6,2020, Commissioner Corcoran has required, by DOE Order Number 2020-EO- 06, as an “emergency order” that all schools throughout the State of Florida, provide in-person, face to face instruction at least 5 days a week for the upcoming school year. A copy of said Orderis attached as Exhibit F. This Order severely limits the authority of PCSB to start the upcoming school year as it sees fit. Instead, Corcoran has required that all schools provide face to face education between parents and teachers at a minimum of five days a week. See Paragraph I(a) on Page 2 of Order 2020-EO-06. 28. Asa result, on July 17, 2020, the PCSB approved a plan for instruction that includes three options from which parents can choose. These options ate face-to-face instruction, the “My School ‘On-Line or MSOL”, which is an innovative approach that appears to operate by live streaming the classroom to students at home, and Pasco eSchool (virtua). 29. As it currently stands, PCSB has been left with the choice to open schools for in-person face-to-face instruction, ot sisk losing funding for at least 5,100 teachers, 3,600 SRP (non-instructional) and another 1,400 supervisors and administrators. On or about August 8, 2020 Commissioner Corcoran threatened to withhold funding from the Hillsborough County School District because, acting in reliance of health care professionals, it decided to delay the opening of in-person face-to-face instruction by four weeks. 30. At the August 4, 2020 board meeting, it was clear that the school board members were acutely aware of this predicament and felt compelled to prioritize the need for funding over the health and safety of its teachers and students. 31. The CDC has issued guiding principles on re-opening schools safely. In addition to these ptincipals, the CDC has prepared a readiness handbook, titled “Considerations for K-12 Schools; Readiness and Planning Tool” ‘This tool is an extensive checklist to attempt to provide for the health and safety of students and teachets in schools. The PCSB has done nothing to instill confidence that these guidelines ate achievable or will even be attempted. 32. The school district cannot afford the staff and busses needed to allow children to properly social distance while being transported to and from school. It appears the current remedy is to require ‘masks by all students, who will be crowded together on the busses. Whether PCSB will provide these masks, of parents will be required to provide them, remains to be seen. 33. Using publicly-available child data from the Florida Department of Health, and presuming, conservatively, that the infection rate continues at the same average rate over the entire pandemic to date, which includes both times of low community spread and current community spread, and covers a time period during which schools were largely closed: (1) Flotida’s schools opening would result in 361,800 students testing positive for COVID-19 (at least) in the first month (this using the 13.4% infection cate among children aged under 18 years from the Florida Department of Health); (2) Among these 361,800 children with COVID-19, if schools open-up there will be at least 3,841 children hospitalized for COVID-19, of whom 576 may require critical and intensive care unit stays (this using ‘conservative estimates from child data published by the CDC); and (3) there would be between 62 and 383 completely avoidable deaths (this is applying a 1.62% mortality rate and 9.98% mortality rate, based on FLDOH and CDC estimates, respectively, to the 3,840 hospitalized children) 34, This model is based on the most conservative estimates available at the time of fling. This model does not take into account the rapid increase of new cases or the likely growth rate of infections of having children in school together for seven (7) hours a day, five (5) days a week. This also does not include the unknown amount of long.term effects to children as a result of COVID-19. Further, this does not include the certain increase of cases among adults resulting in teachers, parents, caregivers, and countless others getting infected, being hospitalized, and some passing away. CAUSE OF ACTION: COUNT 1 ‘(Wiolation of Article IX § 1(a) Florida Constitution 35. Plaintiff reiterates and adopts paragraphs 1 through 34 as if fully set forth herein. 36. Article IX § 1(@) of the Florida Constitution provides “[a}dequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation, of institutions of higher learning and other public education ptogtams that the needs of the people may require.” Emphasis added. 37. Merriam-Webster defines “safe” as 1)free from harm or risk, 2) secute from threat of danger, harm, or loss. 3) affording safety ot security from danger, tisk, or difficulty.” (emphasis added) Children and teachers will not be free from harm or risk should live and in person classes resume as, currently ordered by the State. 38. Cambridge University Press’ Dictionary defines “safe” as “not in danger or likely to be harmed?” Catbridge Dictionary (emphasis added) Children and teachers will be in danger and are likely to be harmed should live and in person classes commence as ordered by the State. 39. Merriam-Webster defines “secure” as 1) “a. free from danger, b. affording safety . tmustworthy, dependable d. free from tisk or loss, 2) a. easy in mind b. assure in opinion or expectation: having no doubt’. Merriam-Webster Dictionary (emphasis added) It is certain that a reasonable person could not honestly say, “T have no doubt that teachers and students will be safe at school right now under these circumstances.” Children and teachers will not be free from danger should live and in person classes resume as currently ordered by the State. 40. Cambridge University Press’ Dictionary defines “secure” as “able to avoid being harmed by any risk, danger, or threat” (emphasis added) Cambridge University Press claims to be the oldest publishing house in the world, having published its first book in 1584. Children and teachers will not bbe able to avoid being harmed by any risk or danger should live and in person classes commence a8, ordered by the School Board. 4A, Since schools cannot open safely and be secure, no reasonable person could state that live and in person classrooms in the near term would be providing anything resembling high quality ‘education as demanded by Florida’s Constitution. High quality education cannot be provided in unsafe and unsecure schools. 42, Florida's Constitution mandates the Government follow this most sacted duty at all times in providing for safe, secure and high-quality institutions of public learning. 43. It is not possible at this time nor is it possible in the foreseeable future for Pasco County to open public schools to live and in person classrooms and comply with the standards set forth in Flotida’s Constitution. 44, Forcing schools to open classes for live and in person classes would cause irreparable harm. andis a violation of Article IX§1 (a) of the Fl Constitution that mandates safe and secure public schools. 45. Based on the scientific models of the experts in their field, the irreparable harm will be hospitalization and potential death of children, teachers and staff in’Pasco County and the State of Flotida. 46. Currently and for the foreseeable future, the public schools of Pasco County are and will continue to be unsafe and unsecure because the schools cannot prevent the spread of Covid-19. Florida’s Constitution demands high quality schools. Schools where this epidemic would be knowingly spread certainly do not meet the constitutional requirements. 47. Additionally, the teachers and staff through their respective union and the PCSB have incorporated these ideas and principles of our constitution of providing a safe and secure classroom into their contracts. 48. Pursuant to Article IX of the 2019-2020 Instructional Master Contract, ratified on February 5, 2020, between the PCSB and USEP, Subsection A - Safety, 1. “It shall be the responsibilty of the Board to ensure that teachers will not have unsafe, hazardous, or unsanitary working conditions. No teacher shall be required to work under unsafe, hazardous, or unsanitary conditions. Further, teachers shall report to the principal any conditions felt to be unsafe, hazardous, or unsanitary; 2. The Board agrees that periodic inspections will be performed for fire and safety, and specified modifications xesulting from said inspections will be made. Requited modifications shall be scheduled by the Board, with those presenting a clear and present danger being scheduled first; 3. The Board shall indemnify and save harmless all teachers from any claims, demands, suits, and causes of action of any kind ‘whatsoever atising out of unsafe and/or hazardous conditions within the school.” 49. Florida Statute Section 1006.07 states “ihe district school board shall provide for the Proper accounting for all students. .. for ptoper attention to health, safety, and other matters relating to the welfare of students.” Similarly, Florida Statute section 1006.08(1) states “[t]he district school superintendent shall recommend plans to the district school board for the propet accounting for all students of school age. .. for the proper attention to health, safety, and other matters which will best promote the welfare of students. 50. To this end, itis clear the PCSB and Superintendent Browning cannot provide for the proper attention to health and safety as required by Florida Statute Section 1006.07 and 1006.08(1). 51. Unless the Defendants conduct is declared unconstitutional and permanently enjoined, Plaintiff will continue to suffer great and irreparable harm. CAUSE OF ACTION: COUNTY I (injunctive Relief/Irreparable Harm) 52. Plaintiff reiterates and adopts paragraphs 1 through 51 as if fully set forth herein. 53, Plaintiff has a substantial likelihood of success on the merits as there is no way for the ‘government to open schools to live and in person classrooms and provide safe, secure and high-quality classrooms as required by Article IX § 1 (a) of the Florida Constitution and previously cited Florida Law. 54, Absent injunctive relief, Plaintiff will be irreparably harmed by Defendants’ actions because the data and research show that children will be attacked by COVID-19 and many will suffer serious illness, to include death to some students. 55. Further, absent injunctive relief, Plaintiff will be irreparably harmed by Defendants’ actions because the data and research show that teachers will either have to choose to resign their position, forfeiting their salary and benefits, or return to their jobs and will be attacked by COVID-19 and suffer serious illness to include death to some teachers. 56. The requested injunction serves the public interest because Defendants’ proposed arbitrary and capricious decision to open live and in person classes with full knowledge and understanding CDC “le ‘guidelines and recommendation cannot be followed, will cause additional hatm to the attending students and teachers. 57. Plaintiff have no other remedy by which to prevent or minimize the continuing irreparable harm to their constitutional sights to a safe, secure and high-quality public schools. 58. ‘The irreparable harm stated herein is not speculative, the scientific models show with ‘certainty that the irreparable harm to children and teachers will occur if live and in person classes are held. Even ifit could be said that the irreparable harm is only a rick of significant injury or death, that tisk would stil be sufficient to cause public schools to be unsafe, unsecure, and not of a high quality and therefor a significant infringement upon the tights of citizens to have a safe, secure and high quality public school system. CAUSE OF ACTION: COUNT IIT ‘Declaratory Relief) 59. Plaintiff reiterates and adopts paragraphs 1 through 58 as fully set forth herein. 60. Florida Stanute § 86.011 states “[alo action or procedure is open to objection on the ground that a declaratory judgmentis demanded. The Coust’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment.” ‘The statute provides that any right may be brought before the court for determination of judgment. 61. Florida Statute § 86.051 states that “[aJay declaratory judgment rendered pursuant to this chapter may be tendered by way of anticipation with respect to any act not yet done or any event which hhas not yet happened. ..” 62. Based on the violation of Article IX § 1(a) alleged herein and to be proven with competent evidence at an evidentiary heating, Plaintiff seeks a declaration that its constitutional rights have or will be violated by the State and County. Plaintiff seeks an order from the Court to enjoin Pasco County School Board from beginning in person and live classes until such time that a safe, secure and high- Ad quality environment is assured as is necessary under Florida’s Constitution. (63, The Court has an opportunity to save countless lives; there is no greater purpose for having co-equal branches of government, to save the people, from sins of the Executive Branch. PRAYER FOR RELIEF WHEREFORE, the Plaintiff respectfully requests the following relief 1. A pteliminary injunction enjoining defendants from opening public schools in Pasco County until such time as the defendants can demonstrate to the Court that the Government can and is compliant with Article IX § 1(a) of the Constitution of the State of Florida throughout the course of the school year. 2. Injunctive relief from the Court to order the appropriate government agents of agencies to not re-open schools as it does not meet the fundamental principle to protecteitizens, and theis posterity, from the Pandemic’s known and unknown effects on all ages. 3. Attomey’s fees and costs. 4, Such other relief as the Court deems necessary and just. DATED this _ I Pay of August, 2020. _s/ Mark Herdman MARK HERDMAN, ESQUIRE Florida Bar No.: 602566 HERDMAN & SAKELLARIDES, PA. 29605 USS. Highway 19 North, Suite 110 Clearwater, Florida 33761 Phone: (727) 785-1228 Fax: (727) 786-4107 Atcomey for Plaintiff Eis TION ‘State of Florida County of Pasco BEFORE ME the undersigned authority, personally appeared DON PEACE, President of United School Employees of Pasco, before me by ~~ physical presence or ___ online notarization, who is ~~ personally known to me, or produced a3 identiicetion,end-who, ater fist being duly swam, deposes and says al he has read and ‘understands the foregoing Verified Complaint for Injunctive and Declaratory Reliefand Emergency Motion for Temporary Injunctive Relief, and that under penalty of perjury, the information contained therein is true and correct. in ee DON PEACE, as President of United School Employees of Paseo NOTARY PUBLIC, Sate 6f Florida My Commission Expires: /6 -(- 0 CANDIECOMPOLA Comeioe #66 C0150 Expo Otter f2020, Bere! Ta Fa nt STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-51 (Establishes COVID-19 Response Protocol and Directs Public Health Emergency) WHEREAS, Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and WHEREAS, in late 2019, a new and significant outbreak of COVID-19 emerged in China; and WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of International Concern; and WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy and South Korea, the Centers for Disease Control and Prevention (“CDC”) has deemed it necessary to prohibit or restrict non-essential travel to or from those countries; and WHEREAS, in response to the recent COVID-19 outbreak in Japan, the CDC has advised older travelers and those with chronic medical. conditions to avoid nonessential travel and all travelers to exercise enhanced precautions; and WHEREAS, the CDC currently recommends community preparedness and everyday prevention measures be taken by all individuels and families in the United States, including voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often with soap and water for at least 20 seconds, use of alcohol-based hand sanitizers with 60%-95% { i j | | alcohol if soap and water are not readily available and routinely cleaning frequently touched surfaces and objects to inerease community resilience and readiness for responding to an outbreak and WHEREAS, two individuals in the State of Florida tested presumptively positive for COVID-19, including a resident of Manatee County and a resident of Hillsborough County; and WHEREAS, the CDC curently recommends mitigation measures in communities with COVID-19 cases, including staying at home when sick, keeping away from others who are sick ‘nd staying at home when a household member is si¢k with respiratory disease symptoms or if instructed to do so by public health officals or a health care provider; and WHEREAS, it is necessary and appropriate to take action (o ensure that COVID-19 remains controlled and that residents and visitors in Florida remain safe and secure; NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Amticle IV, Section (1)(a) of the Fletida Constitution, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. Because of the foregoing conditions, I direct the State Héalth Officer and Surgeon General, Dr. Scott Rivkees, to declare a public health emergency in the Stite of Florida, pursuant 10 his authority in section 381.0315, Florida Statutes, ‘The State Health Officer is authorized and directed to use his judgment as to the duration of this public health emergency. Seetion.2. In accordance with section 381.0011(7), Florida Statutes, I direct the State Health Officer to take any action necessary to protect the public'health. ction 3, | diréot the State Health Officer to follow the guidelines éstablished by the CDC. in establishing protocols to control the'spread of COVIID-19 and edueate the public on prevention. Section, Inaccordance with section 381.001 1(7), Florida Statutes, I designate the Florida Department of Health as the lead state agency to coordinate emergency response activities among the various state agencies and local governments. The State Health Officer, or his designee, shall advise the Executive Office of the Goveror on the implementation of these emergency response activities Section 5. All actions taken by the State Health Officer with respect to this emergency before the issuance of this Executive Order are ratified. Section 6, ‘The Florida Department of Health will actively monitor, at a minienum, all persons meeting the definition of a Person Under Investigation (“PUI”) as defined by the CDC for COVID-19 for a period of at least:14 days or vintil the PUL tests negative for COVID-19. Active ‘monitoring by the Florida Department of Health will include at feast the following: A. Risk assessment within 24 hours of learning an individual meets the criteria for a PUL. B. Twice-daily temperature checks. Section 7, The Florida Department of Health, pursuant to its authority in section 381.00315, Florida Statutes, will ensure that all individuals meeting the CDC's definition of a PUT are isolated or quarantined for a period of 14 days or until the person: tests negative for COVID- 19. Section 8, I hereby direct the Florida Department of Health to make its own determinations 4s to. quarantine, isolation and other necessary public health interventions as pertitted- under Florida law. Section.9, I directall agencies under the direction of the Govemor to fully cooperate with ‘the Florida Department of Health, and. any representative thereof in furtherance of this Order. ‘Agencies not under the direction of the Governor are requested to provide such assistance as is required. IN TESTIMONY WHEREOF, T have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this |stday of Mareh, 2020, {ON DESANTIS, GOVERNOR | ATTEST: STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-166 (Emergency Management - Extension of Execative Ofer 2052~COVID-I9) WHEREAS, on March 9, 2020, I issued Executive Order 20-52, declaring a state of emergency for the entire state due to COVID-19; and WHEREAS, on March 25, 2020, President Donald J. Trump approved my request and declared a Major Disaster due to COVID-19 in Florida; and WHEREAS, on June 3, 2020, 1 issued Executive Order 20-139, implementing Phase 2 of iy Safe, Smart. Step-by-Step. Plan for Florida’s Recovery; and WHEREAS, I, as Governor of Florida, ama committed to providing all available resources and assisting all Floridians and our focal communities with their efforts; and WHEREAS. no state of emergency declared puréuant to the Florida Emergency ‘Management Act may continue for more than 60 days unless renewed by the Govemor; and WHEREAS, the impact of COVID-19 poses a continuing threat to the health, safety and welfare ofthe State of Florida and its residents, NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) ofthe Florida Constitution and by the Florida Emergency Management Act, as amiended, and all other applicable laws. promulgate the following Executive Order, to take immediate efféct: Section 1, The state of emergency declared in Executive Order 20-52, as extended by Executive Order 20-114, will be extended for 60 days following the issuance of this order for the entire State of Florida. EXHIBIT Hg Section2. To the extent Executive Order 20-139, Phase 2: Safe. Smart, Step-by-Step. Plan for Florida’s Recovery, amended or extended any executive order related to COVID-19, the referenced executive orders shall remain in effect, as modified. Section3. All actions taken by the ‘Director of the Division of Emergency ‘Management as the State Coordinating Officer with respect to this emergency before the issuance of this Executive Order are ratified, and he is directed to continue to execute the State’s gation plans Comprehensive Emergency Management Plan and other response, recovery, and necessary to cope with the emergency. Section4. Except as amended herein, Executive Order 20-52, extended by Executive Order 20-114, is ratified and reaffinned. IN TESTIMONY WHEREOF; I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 7th day of July, 2020. RON DESANTIS, GOVERNOR ATTEST: wl See SECRETARY OF STATE GO ONWY L~ Tne wate G2 lia STATE OF FLORIDA DEPARTMENT OF EDUCATION IN RE: WAIVING STRICT DOE ORDER NO. 2020-20-01 ADHERENCE TO THE FLORIDA EDUCATION CODE, AS SPECIFIED HEREIN, PURSUANT —_—‘TO. EXECUTIVE ORDER NUMBER 20- 52, MADE NECESSARY BY THE COVID-I9 PUBLIC HEALTH ‘EMERGENCY Vid 3aSsVHV TIVE WYONG Je Lad Ki EMERGENCY ORDER WHEREAS, the Governor of the State of Florida issued Executive Order No. 20-52, declaring a state of emergency in response to the COVID-19 Public Health Emergency, and, WHEREAS, COVID-19 poses 2 severe threat to the entire State of Florida and requires that timely precautions are taken to protect the communities and general welfare ofthis state; and, WHEREAS, Executive Onder 20-52, Section 4, paragraph B authorizes State agencies to “suspend the provisions of any regulatory statute prescribing the conduct of state business or the orders or rules of that agency, if strict compliance with the provisions of any such statute order, or ile would in any way prevent, hinder, or delay necessary action in coping with the emergency”; and, WHEREAS, promoting the health and safety of each person connected with our state's ‘education system is of paramount importance; and, ‘NOW THEREFORE, I direc thatthe following actions be taken to promote the health and safety of each person connected with Florida’s education system. 1 find that in order to respoiid to the COVID-19 emergency, it is necessary to waive strict adherence to the Florida Education Code tothe extent necessary to carry out the directives ofthis Order. ‘AT9 AQNIOV OFS DOE ORDER NO, 2020-20-01 Section ..._School Distriet Closures anid the Suspension of Bstated Activities Strict compliance with Chapter 1003, Floride Statutes, and any regulations promulgated thereunder, is hereby watved to the extent that such waiver is required to cerry ott the following directives: ‘A. All schoo] districts are recommended to keep their facilities closed except to staff and ‘teachers, per CDC guidance, through April 15, 2020, BB. In keeping with their district continuity plan, each district must deliver educational services to studeats while they remain at home. School districts are strongly encoumged to build out and operationalize theic instructional continuity plans to deliver educational services. through non-classroom besed methods. All. school districts shall deliver ‘educational secvices upon retuming fiuzi their spring break C. Bach school district where'a Department of Juvenile Justice education programm is ‘operated. will work with their local program to ensure’ the implementation. of an instructional continuity plan, which may inchide options for virtual leering, blended lcarning or in-person direct instruction, while also adhering to the guidance from the (CDC regaining group sizes of no more than 10 people, Sectio: Strict compliance with Chapter 1004, jar Lit, orida' Statutes, and any regulations Promulgated thereuniler, is hereby waived to the extent that such waiver is required to camry out the following directives: All Florida College System institutions are strongly recoramended to deploy all available Fesources to operate virtually or through other reraote means for the remainder of the 2020 apring DOE ORDER NO. 2020-£0-01 semester. Campuses are recommended to be closed to regulat activities, and institutions ubuuld adhere to the CDC's guidelines. ion 3, and. Strict coropliance with Chapter 1011, Chapter 1004, parts, IILIV, and Chapter 1002, parts TIVI, Florida Statutes, and any regulations promulgated thereunder, is hereby waived to the cettent that such waiver is required to fully fund all school resdiness, voluntary prekindergurten, public K-12, private scholarship programs, career and technical centers and state college programs as though there was no disruption. 1B Accounts} and. Strict compliance with Chapters 1003 and 1008, and section 1012.34, Florida Statutes, and any regulations promulgated thereunder, is hereby waived tothe extent that such waivers required to carry out the following directives: A. Assessments K-12: 1. All remaining state essessments for K-12 are cancelled for the 2019-2020 school ‘Year. School districts and other educational entities are authorized to evaluate students for promotion, graduation and final course grades forthe 2019-2020 school year based ‘on guidance from the Department. 2. Students who are in the 2019-2020 high school graduating class are exempt from. ‘being required to use assetements to eam a standeed high school diploma pursuant to +. 1003.4282, Florida Statutes, and to eam standard high school diploma designations pursuant to s. 1003,4285, Florida Statutes. DOE ORDER NO, 2020-E0-01 B. Accountability K-12: Accountability measures reliant on data from statewide, standardized assessmeats which have been’ cancelled, inchuding K-12. school grades, school improvement ratings for eltemntive schools, and value-added model (VAM) scores for educators, will not be calculated forthe 2019-2020 school year. Schools in ‘tamaround pursuant to section 1008.33, Florida Statute, shall continue in thet current tumaround status, subject to all other requirements of section 1008.33, Florida Statutes, and Rule 6A-1.099811, Florida Administrative Code, Private Schools that. icholarshi; its Strict compliance with Chapter 1002, parts II and 1V, Florida Statutes, and any regulations ‘Promulgated thereunder, is hereby waived to the extent that such waiver is required to camry out the following: ‘A. The requirement for each student to maintain direct student contact with teachers in ‘order for a private schoo! to participate inthe state's choice scholarship programs under s, 1002.421, Fla. Stat, is waived through April 15, 2020. ‘During this period, such schools are recommended to keep their facilities closed except to staff and teachers, as ‘per CDC guidance. To the extent possible these schools are directed to provide {instruction virtually and by all other availeble means that do not involve direct instruction to scholarship students, Instruction provided in non-classroom settings, ‘shall count toward “actual school instruction days” for purposes of satisfying the 170 ays of required instruction for students participating in scholarship programs. B. ‘The requirement for private schools with scholarship students participating in the Florida Tax Credit, Family Empowerment, Hope and Gardner Scholarship programs to ‘administer or cooperate in the administration of K-12 state assessments, and the 4 DOE ORDER NO, 2020-£0-0) requirement that the studeats participate in a norm-referenced assessment, is waived for the remainder of the 2019-2020 school year. ‘The requirement to report the results ‘of these cancelled or waived assessments to a state university under section 1002.395(8)(b), Florida Statutes, is also necessarily waived. Section 6. Reallocation of Funding to Support Student Learning ‘Strict compliance with Chapter 1011, part 1, Florida Statutes, and any regulations promulgated thereunder, is hereby waived to the extent that such waiver is required to carry out the following: ‘A. School districts, in coordination with the Department, ere permitted to redirect unspent 2019-2020 fands from Reading Scholarship Account, the Reading Instruction Allocation, ‘the Digital Classroom Allocation and the Teachers Clasécoom Supply Assistance Program to help low-inoome students purchase digital devices and establish Internet services. The ‘Department is directed to provide further detail to school district superintendeats on this process. 1B. In order to facilitate the remote connection between teachers and students, K-12 school districts, in coordination with the Departnient, ate further permitted to redirect unspent Title I funds upon transferring funds to Title IV to help low-income students obtain digital devices and establish Internet services. The Deparkment is directed.to provide farther etal to school district superintendents on this process, c K-12 school districts, in coordination with the Department, are permitted to redirect ‘unspent 2019-2020 funds from the Safe Schools and Mental Health allocations to virtual ‘and telephonic mental health counseling services for students who niced emotional support ‘DOE ORDER NO. 2020-20-01 ue to COVID-19. The Department is directed to provide farther detail to school district ‘superintendents on this process, Section 7.__ Serving Students with an IEP or 504 Plan during the Emergency Strict compliance with Chepter 1003, part V, Florida Statutes, and any regulations ‘promulgated thereunder, is hereby waived to the extent that such waiver is required to carry out ‘the following directives: A. Boch student with en IEP, or $04 plan, should be inchuded in the school district's ‘instructional continuity plan to the same extent as all other students. This plan may include virtual instruction, as well as virtual specialized instruction and related services to the extent practicable. All areas ofthe students TEP or S04 must be considered. B. Any and all required evaluations may also be held virtually to the extent practical. If there is any type of delay, the nature and extent ofthe delay and a plan to move as ‘quickly os possible to prevent further delay should be documented, IEP and 504 teams should monitor each student's progress and determine what, if any, remediation may Dbeneeded upon return tothe student's placement. C. This guidance appties equally to students in nonprofit private schools receiving district services via a Services Plan. D. School districts are directed to follow guidance provided by the United States Department of Education for addressing the educational needs of students with isabilties duting the COVID-19 emergency, inchiding the following: 9-03-12-2020.paf DOE ORDER NO. 2020-£0-01 Section ‘Strict compliance with Chapter 1012, part Il, Florida Statutes, and any regulations ‘promulgated thereunder, is hereby waived to the extent that such waiver is required to carry cut the following: A. Temporary and professional Florida Educator’s Certificates scheduled to expire on June 30, 2020, are extended and remain valid wail Joly 31, 2020. ‘This exteaded period of validity due to the COVID- 19 emergency is not intended to interfere or impede any

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