1 Assessing Legal Preparedness for School Closure in Response to Pandemic Flu or Other Public Health Emergencies James G. Hodge, Jr., J.D., LL.M. Associate.
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1
Assessing Legal Preparedness for School Closure in Response to
Pandemic Flu or Other Public Health Emergencies
James G. Hodge, Jr., J.D., LL.M.Associate Professor, Johns Hopkins Bloomberg School of Public
Health; Executive Director, Center for Law & the Public’s Health
Dhrubajyoti Bhattacharya, J.D., M.P.H., Fellow, Center for Law & the Public’s Health
February 22, 2007
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
2
Principal Objectives
The Role of School Closures In Response to Pandemic Flu Terminology U.S. children in schools School closure as prevention mechanism State pandemic flu plans
Center Project Goals and Methodology Major Findings and Conclusions
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
3
Terminology Meaning and use of the phrase “school
closure” in this presentation School closure generally entails class
cancellation, student dismissal, and/or control of the physical building. Its precise meaning in a particular situation will be determined by the laws of the appropriate jurisdiction.
Alternative meanings Cancellation Evacuation Dismissal
4
School Closures - Examples Inclement weather –
Schools closed in Maryland due to winter storm (February 14, 2007);
Schools closed in Tucson, Arizona because of fog and snow (January 22, 2007)
Violence – School shootings prompt closure in Ohio (December 18, 2003)
Threats to general safety – Phone threats result in school closure in Harrison, New York (March 27, 2001)
Disease outbreaks – Rhode Island Schools closed due to encephalitis
outbreak (January 5, 2007); Maryland School for the Blind closed after the spread of
an unknown virus (November, 2006)
5
U.S. Children in Schools
Over 48 million students enrolled in 98,000 public schools nationwide
Over 6 million students are enrolled in private schools
88% of school-age children enrolled in public schools, including 87% of PreK-8th grade children, and 91% of adolescents enrolled in grades 9-12
Source: National Center for Education Statistics, based on 2003 data
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
6
School Closure as Prevention Mechanism Increasing social distances among children
may reduce disease transmission (WHO Writing Group 2006)
Modeling analyses suggest that school closure may potentially reduce the incidence rate among children by over 90% (Glass et al. 2006)
School closure is part of a comprehensive U.S. strategy to control the spread of disease as reflected in state pandemic flu plans
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
7
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Pandemic Influenza Plans and School Closures
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
Plan recognizes school closure:47
RI
MA
Plan does not recognize school closure:4
8
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Pandemic Influenza Plans and School Closures - Legal Authority
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Plan does not cite legal authority to closeschools: 42
Plan cites legal authority to closeschools: 9
9
Center Project - Premise The premise is that there is sufficient, clear,
and specific legal authority to close schools in preparation for or response to pandemic flu.
This premise, however, is uncertain. Centers for Disease Control and Prevention
(CDC) requested the Center for Law and the Public’s Health (Center) to prepare a comprehensive analyses of school closure laws nationwide
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
10
Center Project Goals Assess the laws, regulations, and policies
that authorize school closures for extended periods [up to 12 weeks] at the state and local levels during non-emergencies and declared emergencies;
Identify departments, officials, or other persons authorized to close schools; and
Assess the criteria and potential conflicts among government actors to close schools
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
11
Existing and Emerging Products Comprehensive tables on:
School Closure Laws (Table 1) Summary of School Closure Law (Table 2) Departmental Authorization for School Closure
(Table 3) Governmental Level of Authority for School
Closure (Table 4) Pandemic Flu Plans and School Closure (Table
5) Case studies, report, scholarship (forthcoming)
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
12
Methodology - 1
Presumptions Every state has some general public
health powers during non-emergencies that could be used to close schools or other facilities
Every state has broad public health emergency powers to close schools
Every school district/board has some inherent authority to close schools
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
13
Methodology - 2
Focus of the Center’s Research1. Express, specific authority to close
schools in non-emergencies and declared emergencies
2. For an extended period of time3. In response to an actual or
potential spread of disease or other public health threats
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
14
Methodology - 3 Rationale for assessing specific legal
authority for school closure:1. To move beyond general authorities (e.g.,
communicable disease laws) and look specifically to express authorizations
2. To pre-identify potential gaps or other impediments to systematic school closure across jurisdictions
3. To limit the potential for conflicts among or within jurisdictions regarding school closure
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
15
Methodology - 4 Limitations - the Center’s analysis does not
address: The timing or appropriateness of school closure
decisions with respect to the epidemiology of disease transmission, severity, or its potential introduction
The specific legal route to school closure in jurisdictions with multiple options
The accountability of governmental actors in the use (or non-use) of school closure authority in response to actual or potential public health threats
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
16
School Closures During Non-Emergencies
School closure laws during non-emergencies include provisions that: Expressly authorize school closure due to
disease or epidemic – 17 jurisdictions Authorize school closure to protect the
public’s health – 10 jurisdictions Authorize school closure for other
purposes – 22 jurisdictions
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
17
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
School Closures During Non-Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
Express authorization to close schools due to disease or epidemic: 17
RI
MA
18
School Closures During Non-Emergencies
Expressly authorize school closure due to disease or epidemic - Ohio
“During an epidemic or threatened epidemic, when a dangerous communicable disease is unusually prevalent, or for any other imminent public health threat as determined by the board [of health], the board may close any school and prohibit public gatherings for such time as is necessary.” R.C. 3707.26A
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
19
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
School Closures During Non-Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Express authorization to close schools or facilities to protect the public’s health: 10
20
School Closures During Non-Emergencies
Authorize school closure to protect the public’s health – Idaho
“The Director [of the health department]… may order the closing of any public, parochial, or private school, or other place of public assembly when, in his or her opinion, such closing is necessary to protect public health.”IDAPA 16.02.10.015(5)
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
21
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
School Closures During Non-Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
General authority to close schoolsfor other purposes: 22
22
School Closures During Non-Emergencies
Authorize school closure for other purposes – Maryland
“The final decision of a local board of education to close a school shall be announced at a public session and… shall include the rationale for the school closing and address the impact of the proposed closing on the factors” MD ADC 13A.02.09.01(A)-(D)
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
23
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Level of Governmental Authorization During Non-Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
State Department: 27
24
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Level of Governmental Authorization During Non-Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
County, City, or Local Departments: 37
25
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Level of Governmental Authorization During Non-Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
State and County, City, or Local: 14
26
School Closures During Emergencies
School closure laws during declared emergencies include provisions that: Expressly authorize school closure due to
disease or epidemic – 7 jurisdictions Authorize the utilization or closure of
facilities or property – 48 jurisdictions Authorize the evacuation of persons from
threatened areas – 45 jurisdictions
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
27
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
School Closures During Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Express authorization to close schools due to disease or epidemic: 7
28
School Closures During Emergencies
Expressly authorize school closure due to disease or epidemic – Wisconsin
“The [school] board may close any school or dismiss any class in the event of an emergency…or epidemic.”
W.S.A. 119.18(6)(b)
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
29
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
School Closures During Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Authorization to close/utilize facilities or properties (including schools): 48
30
School Closures During Emergencies
Authorize the utilization or closure of facilities or property – Kansas
The governor may “utilize all available resources of the state government…and utilize any private property if the governor finds such action necessary to cope with the disaster.” K.S.A. §§ 48-925(c)(2), (4)
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
31
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
School Closures During Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Authorization to evacuate persons from threatened areas (including schools): 45
32
School Closures During Emergencies Authorize the evacuation of persons from a
threatened area – North Dakota
The governor may “[d]irect and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other disaster or emergency mitigation, response, or recovery.”
NDCC 37-17.1-05(6)(e)
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
33
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Level of Governmental Authorization During Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
State Department: 52
34
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Level of Governmental Authorization During Emergencies
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
County, City, or Local Departments: 4
35
Departmental Authorization During Non-emergencies
School closure laws during non-emergencies: Empower the public health department
or a public health officer to close schools – 30 jurisdictions
Empower the education department or a school board/superintendent to close schools - 24 jurisdictions
Empower the emergency management department to close schools – 0 jurisdictions
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
36
Departmental Authorization During Emergencies
School closure laws during emergencies: Empower the public health department
or a public health officer to close schools – 9 jurisdictions
Empower the education department or a schoolboard/superintendent to authorize school closure – 6 jurisdictions
Empower the emergency management department or Governor to close schools – 51 jurisdictions
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
37
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Departmental Authorization During Non-emergencies – Public Health
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Department of Public Health: 30
38
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Departmental Authorization During Emergencies – Public Health
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Department of Public Health: 9
39
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Departmental Authorization During Non-Emergencies – Education
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Department of Education: 24
40
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Departmental Authorization During Emergencies - Education
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Department of Education: 6
41
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Departmental Authorization During Non-Emergencies – Public Health & Education
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
Departments of Public Health and Education: 5
RI
MA
42
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Departmental Authorization During Non-Emergencies – Emergency Management
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Department of Emergency Management: 0
43
CACA
OROR
WAWA
IDID
MTMT
TXTX
SDSDWYWY
NVNV
OKOK
KSKS
NENE
COCO
NMNMAZAZ
UTUT
NDND
SCSC
MNMN
WIWI
IAIA
MOMO
ARAR
LALA
VAVA
NCNC
GAGA
FLFL
ALALMSMS
ILILWVWV
KYKY
TNTN
NYNY
PAPA
ININ OHOH
MIMI
DEDENJNJ
CTCT
MEME
DCDC
MDMD
NHNHVTVT
PR - PR - (Puerto Rico)(Puerto Rico)
HIHIAKAK
Departmental Authorization During Emergencies – Emergency Management
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
RI
MA
Governor or Department ofEmergency Management: 51
44
Major Conclusions Explicit authority to close schools during non-
emergencies is lacking in many jurisdictions [24] Multiple departments may be authorized to close
schools [31 – public health; 24 – education; 5 – dual departments]
Wide differentiation of levels of government responsible for closing schools [30 – state; 36 – local; 15 – dual levels]
Major shift of authority to close schools once an emergency is declared
Lack of assessment criteria on the appropriateness of school closure
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
45
Major Conclusions While there are legal avenues to close
schools in virtually every jurisdiction in non-emergencies and emergencies, variations in legal authority across jurisdictions may lead to: Potential disagreements concerning the
responsibility, timing, and duration of school closures
Consideration or balancing of competing interests
Delays
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
46
Acknowledgments Many thanks to the following for their
contributions to the research and presentation: Jennifer Gray, J.D., Center
Researcher P.J. Wakefield, Center Administrator
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
47
For more information . . .
James G. Hodge, Jr., J.D., LL.M.(410) 955-7624jhodge@jhsph.edu
Center website: www.publichealthlaw.net
Thank you!
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
The Center for Law & the Public’s Healthat Georgetown& Johns Hopkins Universities
CDC Collaborating Center Promoting Health through LawWHO/PAHO Collaborating Center on Public Health Law and Human Rights
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