{"id":"DE-044","kind":"order","level":"sector-regulator","jurisdiction":"Delaware","state":"DE","metro":"","industry":"","agency":"","eco":"","issuer":"Molly K. Magarik, Secretary, Department of Health and Social Services","authority":"16 Del. C. §§ 122(3)(a), 128; 29 Del. C. § 10119 (emergency regulations)","instrument":"Emergency Secretary\u0027s Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention)","title":"DHSS Emergency Secretary\u0027s Order: universal mask use in K-12 schools; masks in State congregate settings (repealing and replacing the Aug. 12, 2021 order)","dateIssued":"2021-08-13","effective":"2021-08-16 (120 days)","end":"2021-12-13 (renewable once for 60 days; renewed Dec. 14, 2021, Public Archives)","startDate":"2021-08-16","endDate":"2021-12-13","quarters":["2021Q3"],"types":["SCH","MASK"],"addressees":["all schools serving students kindergarten through twelfth grade (public, charter, private, parochial)","students, faculty, staff, visitors","authorities of the State (congregate settings)"],"clause":"\u00277.7 COVID-19 Mitigation and Prevention 7.7.1 Schools 7.7.1.1. All schools that serve students kindergarten through twelfth grade shall require mask use by all students, faculty, staff, and visitors inside school buildings, regardless of vaccination status.... 7.7.2 Other Authorities of the State and Public Institutions 7.7.2.1 Authorities of the State shall require masks in congregate settings.... This Emergency Order shall take effect on August 16, 2021 and shall remain in effect for 120 days. At the expiration of 120 days, the Department may choose to renew this Emergency Order once for a period not exceeding 60 days, consistent with 29 Del.C. § 10119(3).\u0027 Reason: \u0027While the youngest students in Delaware are unable to get vaccinated against COVID-19, the best way to mitigate the spread of the virus is through a tiered strategy... The August 12, 2021 Emergency Secretary\u0027s Order contained language that was inadvertently broad... [and] is hereby repealed in its entirety and replaced with this Emergency Order.\u0027","enforcement":"16 Del. C. §§ 122, 128 (DHSS regulatory authority); 29 Del. C. § 10119","functions":["IN in-person instruction under universal masking for the 2021-22 year","WF workforce with school-age children","OF/CB State congregate settings masked"],"notes":"Q3 2021 State mask mandate re-imposed after the emergency\u0027s termination, under the Public Health Emergency; announced by the Governor Aug. 10, 2021 (\u0027everyone kindergarten-age and older in K-12 schools and child care homes and centers must wear face coverings indoors effective on Monday, August 16 - regardless of vaccination status\u0027).","sourceUrl":"https://archivesfiles.delaware.gov/Executive-Orders/Carney/public-health/DHSS-4202-Control-of-Communicable-and-Other-Disease-Conditions-08132021.pdf","snapshot":"","fileExists":true,"fileBytes":254210,"grade":"primary","character":"","description":"","collection":"DE","url":"/library/DE-044","exhibitUrl":"/exhibit/DE-044","citation":"Molly K. Magarik, Secretary, Department of Health and Social Services, Emergency Secretary\u0027s Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention) (Aug. 13, 2021) (Ex. DE-044)","stateName":"Delaware","related":["DUT-DE-019","DUT-DE-007","DE-041","DE-054"]}