Education and Child Care

The Governmental Orders by Layer

The orders that reached this industry came from every layer of government and every class of authority that the Suspension Clause names (the operative text of section 2301(c)(2)(A)(ii)(I) of the CARES Act and section 3134(c)(2)(A)(ii)(I) of the Code, read word by word on the statute page): the President and the federal agencies; the governors, State health officers, State boards of education and legislatures; the county judges, mayors and local health officers of the largest metros; the licensing agencies, athletic associations and school districts that regulate or contract with the industry; and the courts that decided, inside the third quarter of 2021, which of the competing school orders would be enforced. Education and child care is the one industry whose premises every State closed by name in March 2020 and whose operations every State then regulated by instrument through the last day of the claim period. This section inventories the instruments by layer; the tables on this page tabulate them.

The universe

Every one of the fifty States closed its school buildings to students by order, or by a gubernatorial directive that every school obeyed and that the State's gathering and stay-at-home orders of the same week made binding on every school, between March 12 and March 20, 2020; forty-eight of them closed for the remainder of the 2019-20 school year; at their peak the closures affected at least 55.1 million students in 124,000 public and private schools, and the forty-eight remainder-of-year States enrolled 50,261,464 public school students.¹⁶ Between March 1 and May 31, 2020, forty-two States and territories issued mandatory stay-at-home orders, and every one of them reached the industry's families, staff and premises.¹⁷ On July 2, 2021, thirty-five States had emergency declarations in force and nine had statewide face-covering requirements in force as general airborne-transmission controls; on September 21, 2021, twenty-five States had emergency declarations and eleven had statewide face-covering requirements; and by August 20, 2021 eighteen States and the District of Columbia required universal face coverings in schools for the 2021-22 year, as one of the infection-prevention and exposure-control conditions their school orders imposed, while, by the Education Week count of that date, eleven States forbade or conditioned school face-covering requirements, eight of them by an order or statute in force in the third quarter of 2021 and a ninth, Arizona, by a statute voided before its effective date, so that at least twenty-six States and the District had, by the eighth week of the quarter, an instrument of State law directing how every school in the State handled the single most contested operating question of the year.¹⁸ Every instrument named below is in the Orders Library (the "Library") and is cited for what its exhibit says.

The federal layer

2020

The President proclaimed a national emergency on March 13, 2020, and the Secretary of Health and Human Services' public health emergency, determined January 31, 2020, was renewed without interruption through the whole period (Ex. FED-001; Ex. FED-002; Ex. FED-006; Ex. FED-010; Ex. FED-011; Ex. FED-012; Ex. FED-013; Ex. FED-014; Ex. FED-015; Ex. FED-016).¹⁹ The President's guidelines of March 16, 2020 told every American that where schools had closed children should be kept home and that schools should close in States with evidence of community transmission, and the States acted (Ex. FED-190).²⁰ The Student and Exchange Visitor Program fixed on March 9, 2020 the terms on which every college and boarding school could move its F-1 and M-1 students online and remain certified, modified those terms for the fall 2020 semester on July 6, 2020 and rescinded the modification on July 14, 2020, and continued the March 2020 terms for continuing students through the 2020-21 and 2021-22 academic years (Ex. SEC-15-004; Ex. SEC-15-005; Ex. AGY-FED-LABOR-IMMIGRATION-070; Ex. AGY-FED-LABOR-IMMIGRATION-071; Ex. AGY-FED-LABOR-IMMIGRATION-072; Ex. AGY-FED-LABOR-IMMIGRATION-073).²¹ The Families First Coronavirus Response Act compelled paid leave from April 1 to December 31, 2020 for every employee under a quarantine order and for every employee caring for a child whose school or place of care an order had closed, and the Department of Labor's rule of April 1, 2020 and revised rule of September 16, 2020 implemented it (Ex. FED-170; Ex. FED-171; Ex. FED-172; Ex. ECO-B-001; Ex. ECO-B-002; Ex. ECO-B-003; Ex. AGY-FED-LABOR-IMMIGRATION-001; Ex. AGY-FED-LABOR-IMMIGRATION-002).²² The Department of Education granted CARES Act § 3511 waivers to every State for the 2019-20 school year, issued guidance for interruptions of study that ran to the end of the academic year including December 31, 2020 or the end of the emergency, and issued its FERPA guidance for closed schools in March 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-051; Ex. AGY-FED-LABOR-IMMIGRATION-084; Ex. AGY-FED-LABOR-IMMIGRATION-085).²³ The Food and Nutrition Service administered nationwide child nutrition waivers from March 2020 through school years 2020-21 and 2021-22, and its P-EBT rule of November 4, 2020 keyed benefits to schools and child care that reduced days or hours (Ex. AGY-FED-HEALTH-OTHER-100; Ex. AGY-FED-HEALTH-OTHER-101; Ex. AGY-FED-HEALTH-OTHER-098).²⁴ The Office of Head Start's interim final rule of December 7, 2020 recorded that "[m]any Head Start classrooms across the country closed" and gave grantees designation-renewal flexibility through the third quarter of 2021 (Ex. AGY-FED-HEALTH-OTHER-089).²⁵ Proclamations 9984 and 9992 suspended entry from China and Iran from February 2 and March 2, 2020 through November 8, 2021, and the Department of State suspended routine visa services worldwide on March 20, 2020 (Ex. FED-327), closing the pipeline of new international students for fall 2020 (Ex. FED-200; Ex. FED-201).²⁶

2021, first and second quarters

The Centers for Disease Control and Prevention required from 11:59 p.m. on February 1, 2021 that "[p]ersons must wear masks over the mouth and nose when traveling on conveyances into and within the United States," an order whose definition of conveyance reaches every school bus and whose surface-transportation security directives ran in unbroken succession from February 1, 2021 to January 18, 2022 (Ex. FED-020; Ex. FED-050; Ex. FED-051; Ex. FED-052; Ex. ECO-B-004; Ex. ECO-B-005; Ex. ECO-B-006; Ex. ECO-B-007).²⁷ Executive Order 13991 placed every federal building, including the federal buildings in which Head Start and tribal schools operate, under the federal workplace infection-control requirements (masks, distancing and occupancy limits) from January 20, 2021 (Ex. FED-060). The pre-departure test order governed every arriving international student from January 26, 2021, and Proclamations 10143 and 10199 suspended entry from the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa and India from January 26 and May 4, 2021 through November 8, 2021 (Ex. FED-042; Ex. FED-207; Ex. FED-208). The Administration for Children and Families issued CCDF-ACF-IM-2021-02 on May 10, 2021, distributing the child care stabilization grants Congress had appropriated on March 11, 2021 (Ex. AGY-FED-HEALTH-OTHER-093). The Occupational Safety and Health Administration's Healthcare Emergency Temporary Standard of June 21, 2021 governed the school nurses' offices and campus health centers where health care services were provided (Ex. FED-080).²⁸

2021, third quarter

The six-quarters section below states the quarter in full: the conveyance order and Security Directive 1582/84-21-01A (to September 13) and -01B (from September 14) governed every school bus on every day (Ex. FED-020; Ex. FED-051; Ex. FED-052); the entry proclamations, the land-border notices of June 23 and July 22, 2021 and the Title 42 order of August 2, 2021 fixed who could arrive for the fall term (Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. FED-233; Ex. FED-038; Ex. FED-037); the Task Force's Model Safety Principles of July 29, 2021 governed every federal contractor on federal premises, and Executive Orders 14042 and 14043 of September 9, 2021 ordered the vaccination of every covered contractor workforce and every federal employee (Ex. FED-272; Ex. FED-063; Ex. FED-064; Ex. FED-275; Ex. FED-278; Ex. ECO-B-008; Ex. ECO-B-009; Ex. ECO-B-115); the eviction moratoria governed the workforce's housing to July 31 and from August 3 to August 26, 2021 (Ex. FED-025; Ex. FED-026); the public health emergency was renewed effective July 20, 2021 (Ex. FED-016); and the President's memorandum of August 17, 2021 extended full federal cost-share for the States' emergency work, including school and child care measures, through December 31, 2021 (Ex. FED-009).²⁹

The fifty States

The industry's regime

In every State the industry was reached first by the March 2020 closure order or directive, which in most States named private and parochial schools and in every State closed the buildings in which the industry works; then by the child care orders of March and April 2020, which in at least twelve States and the District of Columbia closed child care to all but the children of essential workers and everywhere else imposed emergency ratios; then by the reopening orders of June through August 2020, which fixed the earliest date and the mandatory conditions of in-person instruction and child care; then, in Kentucky, Michigan, New Mexico, West Virginia, Minnesota (sports) and the largest counties, by the winter re-closures of November 2020 through January 2021; then by the ordered returns to in-person instruction of January through April 2021, each on a State-set date and under State-set conditions that ran to the end of the school year; and then, from July 12, 2021, by the second round: school and child care orders in at least eighteen States and the District imposing universal face coverings with exclusion and quarantine rules as workplace infection-prevention and exposure-control requirements, staff vaccination-or-testing orders in ten jurisdictions, and statutes and orders forbidding or conditioning school face-covering requirements in eight States (eleven by the Education Week count of August 20, 2021, Ex. ECO-B-117), with a ninth enacted and voided in Arizona, each of which was itself an order from a governmental authority directing how every school in the State operated and each of which was litigated inside the quarter. The fifty-State table on this page carries every jurisdiction with dates. Every face-covering requirement named in the four regional paragraphs that follow was one of the workplace infection-prevention and exposure-control conditions of the instrument that carried it, imposed beside that instrument's screening, distancing, cohort, exclusion or quarantine rules where the instrument imposed them; where an instrument required face coverings alone, it was one of the airborne-transmission controls the issuing authority placed on every classroom or indoor workplace it reached; this section names each instrument by its lead requirement.³⁰

The Northeast

New York closed every school from March 18, 2020 by Executive Order 202.4, extended the closure through the series to the balance of the year, permitted in-person instruction from September 1, 2020 only under the Department of Health's interim guidance, closed the schools of its State-designated cluster zones from October 2020, and in 2021 required universal face coverings in every public and private P-12 school, with the exposure-control conditions of the Department's 2021-22 interim guidance, by the Commissioner's determination of August 27, 2021 under 10 NYCRR 2.60 and weekly testing of unvaccinated school personnel from September 2, 2021 under 10 NYCRR 2.62 (Ex. NY-011; Ex. NY-018; Ex. NY-035; Ex. NY-008; Ex. NY-122; Ex. NY-112; Ex. NY-113; Ex. NY-073; Ex. NY-072; Ex. NY-075; Ex. NY-076; Ex. ECO-B-054).³¹ New Jersey closed every "public, private, and parochial" preschool and school and ceased in-person higher education from March 18, 2020, closed every uncertified child care center from April 1 to June 15, 2020, reopened child care and camps only under Department of Health standards, restarted higher education from July 1, 2020 under mandatory standards, conditioned every in-person school day of 2020-21 on six-foot distancing, face coverings and screening, and in 2021 placed every school under a mandatory face-covering policy from August 9 as the first of its 2021-22 infection-prevention requirements, ordered every school worker vaccinated or tested from August 23 (compliance October 18), and extended the face-covering requirement to every child care setting from September 24 (Ex. SEC-15-011; Ex. SEC-15-012; Ex. SEC-15-013; Ex. SEC-15-018; Ex. SEC-15-014; Ex. SEC-15-015; Ex. SEC-15-016; Ex. SEC-15-017; Ex. NJ-002; Ex. NJ-007; Ex. NJ-019; Ex. NJ-024; Ex. NJ-032; Ex. NJ-041; Ex. NJ-055; Ex. NJ-057; Ex. NJ-058; Ex. NJ-079).³² Pennsylvania closed every school from March 16, 2020, closed every child care center from March 17 except waived providers, held the schools of substantial-transmission counties to attestation orders from November 24, 2020 to May 31, 2021, closed school sports from December 12, 2020 to January 4, 2021, held every school under the universal face-covering order, the State's general airborne-transmission control, to June 28, 2021, and placed every public and private school, early-learning program and child care center under a face-covering requirement, the Commonwealth's airborne-transmission control on every classroom, from September 7, 2021 (Ex. PA-081; Ex. PA-005; Ex. PA-006; Ex. PA-074; Ex. PA-083; Ex. PA-071; Ex. PA-073; Ex. PA-037; Ex. PA-028; Ex. PA-079; Ex. PA-020; Ex. PA-042; Ex. ECO-B-087).³³ Massachusetts closed every public and private school from the end of the school day on March 16, 2020 through June 29, 2020, closed every child care program from March 23 to June 29, 2020 except exempt emergency programs, governed the 2020-21 year through 603 CMR 27.08 and the mandatory sports rules, and required face coverings in every public school from August 25, 2021 as an infection-control condition under 603 CMR 27.08 (Ex. MA-004; Ex. MA-011; Ex. MA-014; Ex. MA-006; Ex. MA-013; Ex. MA-022; Ex. AGY-ST-EDUCATION-HIGHER-ED-007; Ex. AGY-ST-EDUCATION-HIGHER-ED-068; Ex. AGY-ST-EDUCATION-HIGHER-ED-036; Ex. MA-071).³⁴ Connecticut cancelled public school classes from March 17, 2020 through the year and capped child care program size, made its reopening plan binding from September 4, 2020 under Executive Order 9, extended the school rules to September 30, 2021 and then to February 15, 2022, required universal face coverings in schools, beside the screening, distancing and cohort rules of Executive Order 9, by the Public Health rule of May 19, 2021 and Executive Order 13A of August 5, 2021, and required every school and child care worker vaccinated or tested by September 27, 2021 (Ex. SEC-15-032; Ex. CT-002; Ex. CT-009; Ex. CT-015; Ex. CT-017; Ex. CT-068; Ex. CT-026; Ex. CT-072; Ex. CT-031; Ex. CT-049; Ex. CT-050; Ex. CT-052; Ex. CT-054; Ex. CT-056; Ex. CT-058; Ex. SEC-15-033; Ex. SEC-15-034).³⁵ Rhode Island, New Hampshire, Vermont, Maine and Delaware closed their schools in the same week of March 2020 and ran the same sequence: Rhode Island's uniform school calendar order, higher-education order and 2021 orders requiring face coverings in schools (August 19) and on student transportation (August 26), quarantine and isolation (September 2) and expanded teaching capacity (September 8); New Hampshire's Emergency Orders #1, #19, #32, #64, #85 and #89 from remote instruction on March 16, 2020 to a required in-person return on April 19, 2021; Vermont's Directives 1, 2, 5 and 6, its Amended and Restated Executive Order 01-20 to June 15, 2021, and its Agency of Education memoranda of August and September 2021; Maine's Executive Orders 28, 6, 7, 14, 7-A, 39 and 40 with school and child care face-covering requirements to June 30, 2021 and child care rules to August 30, 2021; and Delaware's directives of March 13, 23 and April 24, 2020, its emergency child care sites from April 6, 2020, its Twenty-Fifth Modification requiring face coverings of students from August 27, 2020, its Twenty-Ninth Modification and First Revision holding schools and child care under face-covering requirements to July 13, 2021, and its emergency orders of August 13, 2021 imposing face-covering and exposure-control requirements on every K-12 school, child care center, family child care home and youth camp from August 16 (Ex. RI-020; Ex. RI-033; Ex. RI-089; Ex. RI-055; Ex. RI-057; Ex. RI-060; Ex. RI-062; Ex. RI-063; Ex. RI-064; Ex. RI-066; Ex. NH-001; Ex. NH-002; Ex. NH-011; Ex. NH-016; Ex. NH-025; Ex. NH-034; Ex. NH-037; Ex. NH-052; Ex. NH-066; Ex. VT-002; Ex. VT-005; Ex. VT-011; Ex. VT-028; Ex. VT-030; Ex. VT-071; Ex. VT-072; Ex. VT-074; Ex. VT-094; Ex. ME-010; Ex. ME-031; Ex. ME-034; Ex. ME-036; Ex. ME-048; Ex. ME-058; Ex. DE-067; Ex. DE-068; Ex. DE-069; Ex. DE-011; Ex. DE-020; Ex. DE-027; Ex. DE-029; Ex. DE-056; Ex. DE-035; Ex. DE-036; Ex. DE-039; Ex. DE-044; Ex. DE-045; Ex. DE-066; Ex. SEC-15-067).³⁶

The South

The District of Columbia closed its schools from March 16, 2020, placed its child development facilities under OSSE's approved-closure regime from March 13, 2020 and under the stay-at-home order from April 1, 2020, reopened child care under OSSE requirements from May 29, 2020, held private schools to DC Health guidance in Phase Two, barred high-contact sports through May 2021, and reimposed indoor face coverings, with DC Health's exposure-control requirements, in every school and child care setting from 5:00 a.m. on July 31, 2021 while ordering every school and child care employee vaccinated by November 1, 2021 (Ex. DC-005; Ex. DC-006; Ex. DC-083; Ex. DC-053; Ex. DC-079; Ex. DC-080; Ex. DC-051; Ex. DC-071; Ex. DC-057; Ex. DC-074; Ex. DC-076).³⁷ Maryland closed its schools by the State Superintendent's orders of March 12, 25, April 17 and May 6, 2020, closed child care to non-essential families from March 27, 2020 to July 1, 2021 under the Governor's child care orders, held every school under the face-covering orders of February 23 and May 14, 2021 to July 1, 2021, and required face coverings, as an exposure-control condition on every classroom, in every public school by the State Board of Education's emergency regulation adopted August 26, 2021 (Ex. MD-099; Ex. MD-033; Ex. MD-034; Ex. MD-025; Ex. MD-093).³⁸ Virginia ceased "all in-person instruction at K-12 schools, public and private, for the remainder of the 2019-2020 school year" on March 23, 2020, ceased in-person college classes on March 30, 2020, kept its K-12 face-covering requirement under Executive Order 79 and Order of Public Health Emergency Ten to June 30, 2021, required in-person instruction for 2021-22 by statute effective July 1, 2021 under CDC mitigation strategies, and required face coverings of every person two and older in every public and private K-12 school from August 12, 2021 by the State Health Commissioner's order, as the Commissioner's infection-control condition on every school's operation (Ex. SEC-15-056; Ex. VA-007; Ex. VA-009; Ex. VA-017; Ex. VA-029; Ex. VA-043; Ex. AGY-ST-EDUCATION-HIGHER-ED-029; Ex. VA-044; Ex. ECO-B-034).³⁹ North Carolina closed its public schools from March 16, 2020 through the year, required Plan B hybrid instruction and the StrongSchoolsNC toolkit's requirements for 2020-21, required in-person instruction by statute from March 11, 2021, kept its school face-covering requirement to 5:00 p.m. on July 30, 2021, ordered the vaccination verification or face-covering and testing of cabinet-agency workers from September 1, 2021, and by statute of August 30, 2021 required every school board to vote monthly on face coverings (Ex. NC-002; Ex. NC-004; Ex. NC-007; Ex. NC-041; Ex. NC-033; Ex. NC-030; Ex. NC-032; Ex. NC-072; Ex. NC-060; Ex. ECO-B-059; Ex. ECO-B-060; Ex. ECO-B-061).⁴⁰ Georgia closed "all elementary, secondary, and post-secondary public schools" from March 18, 2020 through the year, relaxed child care ratios by order for the duration of its emergency to July 1, 2021, and carried its school and child care conditions through the Empowering a Healthy Georgia series to July 1, 2021, after which its largest districts required face coverings in their schools and Savannah imposed a face-covering requirement on every school within its limits from July 26, 2021, and whose Executive Order 08.19.21.03 of August 19, 2021 suspended local orders as applied to businesses (Ex. SEC-15-039; Ex. GA-003; Ex. GA-006; Ex. GA-008; Ex. GA-009; Ex. GA-022; Ex. GA-023; Ex. GA-024; Ex. GA-025; Ex. GA-026; Ex. GA-027; Ex. GA-029; Ex. GA-031; Ex. GA-058; Ex. GA-032; Ex. GA-040; Ex. ECO-B-032; Ex. ECO-B-033).⁴¹ Florida closed its schools from March 16, 2020 for the year by Department of Education emergency order, governed youth activities by Executive Order 20-131, ordered every school board to open brick-and-mortar schools five days a week in August 2020, and in 2021 forbade district face-covering requirements without parental opt-out by Executive Order 21-175 and Rule 64DER21-12, replaced by Rule 64DER21-15 on September 22, 2021 (Ex. FL-029; Ex. FL-063; Ex. FL-032; Ex. FL-033; Ex. ECO-B-041).⁴² Texas ordered on March 19, 2020 that "schools shall temporarily close," extended the closure through the year by GA-14 and GA-16, governed the 2020-21 year by the Texas Education Agency's public health planning guidance under GA-28 through GA-32, ended school face-covering policies by GA-34 and GA-36 on June 4, 2021, and by GA-38 of July 29, 2021 forbade every governmental entity to require face coverings while Dallas, Bexar, Harris and Travis Counties and dozens of districts ordered them anyway, with quarantine and notification rules, and the Texas Supreme Court, the Fifth Court of Appeals and the district courts decided the conflict inside the quarter by stay, injunction and judgment (Ex. SEC-15-070; Ex. TX-003; Ex. TX-010; Ex. TX-019; Ex. TX-052; Ex. AGY-ST-EDUCATION-HIGHER-ED-010; Ex. TX-031; Ex. TX-053; Ex. SEC-15-029; Ex. SEC-15-047; Ex. ECO-B-018; Ex. ECO-B-019; Ex. ECO-B-040).⁴³ Louisiana closed its schools from March 13, 2020 through the year, ran its child care under phase-based checklists, held its schools to BESE's minimum standards for 2020-21, required schools to report every case from September 1, 2020, and placed every school, college and child care center in the State under the indoor face-covering requirement, a general airborne-transmission control on every indoor workplace, enforced against the businesses and organizations that failed to enforce it, from August 4, 2021 through the end of the quarter under Proclamations 137, 167 and 181 JBE 2021 (Ex. LA-002; Ex. LA-004; Ex. LA-007; Ex. LA-008; Ex. LA-009; Ex. LA-052; Ex. LA-072; Ex. LA-073; Ex. LA-053; Ex. LA-030; Ex. LA-031; Ex. LA-032; Ex. SEC-15-038; Ex. LA-038; Ex. LA-040; Ex. LA-054; Ex. LA-074; Ex. SEC-15-074; Ex. SEC-15-075; Ex. ECO-B-094).⁴⁴ Tennessee's schools closed by March 20, 2020 through the year at the Governor's call, made binding on every school's group meetings by Executive Order 17's gathering limits from March 23, 2020 and Executive Order 22's Safer at Home order from March 31, 2020, its spectator and gathering orders governed school events through January 2021, and its Executive Order 84 of August 16, 2021 rewrote every school's face-covering policy for the quarter until three federal courts enjoined it (Ex. TN-004; Ex. TN-064; Ex. TN-022; Ex. TN-029; Ex. TN-036; Ex. TN-038; Ex. TN-067; Ex. SEC-15-050; Ex. MET-BNA-080; Ex. MET-BNA-081; Ex. MET-BNA-084).⁴⁵ Kentucky closed every school from March 16, 2020 by a directive that every district obeyed and that the Cabinet's Mass Gatherings Order of March 19, 2020 and Executive Order 2020-257 (Healthy at Home) of March 26, 2020 made binding on every school, closed licensed child care from March 20 to June 15, 2020 and reopened it in groups of ten, ordered every public and private K-12 school to cease in-person instruction from November 23, 2020 (middle and high schools through January 4, 2021), made its Healthy at School expectations mandatory from January 4, 2021, and in 2021 imposed face-covering requirements, as workplace infection-prevention and exposure-control conditions, on every public and private school, bus and child care setting from August 10 by executive order, then by the Board of Education's and Cabinet's emergency regulations of August 12, until the General Assembly voided them on September 9, 2021 (Ex. KY-006; Ex. KY-070; Ex. KY-034; Ex. KY-037; Ex. KY-042; Ex. KY-048; Ex. KY-052; Ex. KY-053; Ex. KY-054; Ex. KY-057; Ex. SEC-15-080; Ex. ECO-B-051).⁴⁶ Alabama, Mississippi, Arkansas, South Carolina, Oklahoma and West Virginia closed their schools and child care in the same week, imposed face-covering requirements on their schools in the summer of 2020, beside their distancing and screening rules (Alabama from July 29 for students in grade two and above to April 9, 2021; Mississippi from August 4, 2020 into 2021; South Carolina from August 3, 2020 for the year), governed sports, camps and ceremonies by directive, sent West Virginia's schools back to remote learning from November 26 to December 2, 2020 and its high schools in red counties through the winter, and in 2021 enacted Arkansas's Act 1002, Oklahoma's SB 658 and South Carolina's Proviso 1.108 forbidding school face-covering requirements, each enjoined or voided in the quarter, while Alabama's and Mississippi's largest districts required face coverings in their schools by board action (Ex. AL-003; Ex. AL-004; Ex. AL-005; Ex. AL-007; Ex. AL-011; Ex. AL-021; Ex. AL-024; Ex. AL-030; Ex. AL-032; Ex. AL-034; Ex. AL-038; Ex. AL-040; Ex. AL-043; Ex. AL-045; Ex. AL-047; Ex. AL-084; Ex. MS-005; Ex. MS-013; Ex. MS-034; Ex. MS-035; Ex. MS-049; Ex. MS-050; Ex. MS-052; Ex. MS-073; Ex. SEC-15-058; Ex. AR-001; Ex. AR-035; Ex. AR-005; Ex. AR-011; Ex. AR-012; Ex. AR-046; Ex. AR-085; Ex. AR-072; Ex. AR-071; Ex. AR-080; Ex. SEC-15-045; Ex. SC-001; Ex. SC-002; Ex. SC-024; Ex. SC-025; Ex. SC-057; Ex. SC-044; Ex. SC-045; Ex. SC-040; Ex. SC-041; Ex. SC-042; Ex. SC-043; Ex. SC-058; Ex. SC-061; Ex. SC-062; Ex. OK-007; Ex. OK-013; Ex. OK-029; Ex. OK-043; Ex. AGY-ST-EDUCATION-HIGHER-ED-038; Ex. SEC-15-046; Ex. WV-009; Ex. WV-029; Ex. WV-037; Ex. WV-039; Ex. WV-044; Ex. WV-046; Ex. WV-048; Ex. WV-052; Ex. WV-054; Ex. WV-055; Ex. WV-056; Ex. WV-059; Ex. WV-062; Ex. ECO-B-065).⁴⁷

The Midwest

Illinois closed "all public and private schools ... serving pre-kindergarten through 12th grade students" from March 17, 2020 through the year, declared Remote Learning Days statewide from March 31, 2020, closed day care centers except emergency child care under the stay-at-home order, permitted in-person instruction from June 4, 2020 only under Phase 3 and then Phase 4 conditions (fifty or fewer per space, face coverings, screening) that ran through June 2021, and in 2021 required face coverings in every public and nonpublic school and day care center from August 4, as the first of a set of exposure-control requirements that added the exclusion of cases and close contacts and staff vaccination or testing, and in every indoor public place from August 30, ordered every school and higher-education worker vaccinated or tested from September 19, and ordered the exclusion of cases and close contacts from every school from September 17 (Ex. SEC-15-025; Ex. IL-003; Ex. IL-009; Ex. IL-014; Ex. IL-017; Ex. IL-020; Ex. AGY-ST-EDUCATION-HIGHER-ED-011; Ex. AGY-ST-EDUCATION-HIGHER-ED-012; Ex. AGY-ST-EDUCATION-HIGHER-ED-030; Ex. AGY-ST-EDUCATION-HIGHER-ED-033; Ex. IL-032; Ex. IL-035; Ex. IL-071; Ex. IL-039; Ex. IL-040; Ex. AGY-ST-EDUCATION-HIGHER-ED-032; Ex. IL-041; Ex. IL-044; Ex. IL-045; Ex. IL-072; Ex. AGY-ST-EDUCATION-HIGHER-ED-031; Ex. SEC-15-027; Ex. ECO-B-080; Ex. ECO-B-081; Ex. ECO-B-082).⁴⁸ Ohio closed every K-12 school from March 17, 2020 to 11:59 p.m. on June 30, 2020, closed every child care facility from March 26 to May 31, 2020 except temporary pandemic licensees, reopened child care under emergency ratios and employee face coverings, required a face covering of every student, teacher and staff member in every K-12 and child care setting and on every school bus from August 14, 2020 to June 2, 2021 as the State's school infection-control order, and after its orders lapsed left its schools to county health orders and to its own quarantine guidance of August 31, 2021 (Ex. OH-003; Ex. OH-018; Ex. OH-080; Ex. SEC-15-077; Ex. OH-065; Ex. OH-066; Ex. OH-024; Ex. SEC-15-071; Ex. ECO-B-123; Ex. OH-019; Ex. OH-067; Ex. OH-032; Ex. SEC-15-069; Ex. OH-070; Ex. OH-047; Ex. OH-048; Ex. OH-084; Ex. MET-CLE-011; Ex. MET-CIN-035).⁴⁹ Michigan closed "all public, nonpublic, and boarding schools" from March 16, 2020, suspended in-person K-12 instruction and every sport and extracurricular activity for the rest of the year and the emergency, created disaster relief child care centers, tied 2020-21 in-person instruction to its reopening phases, closed high schools and colleges to in-person instruction from November 18 to December 20, 2020 by epidemic order, and in 2021 left school face-covering and quarantine requirements to its county health officers, who ordered them in Kent, Oakland, Wayne, Washtenaw, Genesee, Kalamazoo, Ottawa and Berrien Counties between August 6 and September 6, 2021 (Ex. SEC-15-048; Ex. MI-007; Ex. SEC-15-049; Ex. SEC-15-051; Ex. MI-015; Ex. SEC-15-052; Ex. MI-047; Ex. MI-061; Ex. MI-062; Ex. MI-083; Ex. MI-084; Ex. MET-DET-013; Ex. MET-DET-015; Ex. ECO-B-073; Ex. ECO-B-074; Ex. ECO-B-075).⁵⁰ Minnesota closed all schools to students from March 18, 2020, ran a Distance Learning Period from March 30 through the year, directed schools to care for emergency workers' children, governed 2020-21 by the Safe Learning Plan's county case-rate thresholds, paused organized youth sports from November 21, 2020 to January 4, 2021, and sunset its school and child care rules on June 30 and July 1, 2021, after which the University of Minnesota, the cities and the counties imposed face-covering requirements on their own premises (Ex. SEC-15-020; Ex. MN-002; Ex. MN-009; Ex. MN-016; Ex. MN-019; Ex. MN-028; Ex. MN-029; Ex. MN-030; Ex. MN-032; Ex. MN-038; Ex. MN-039; Ex. ECO-B-067; Ex. ECO-B-068; Ex. ECO-B-069; Ex. MET-MSP-062).⁵¹ Indiana, Wisconsin, Iowa, Kansas, Missouri, Nebraska, North Dakota and South Dakota closed their schools in the same week: Indiana by Executive Orders 20-05 and 20-16 through June 30, 2020, then a county-metric regime with school face coverings from July 27, 2020 to June 30, 2021 and quarantine control measures given executive-order force from August 1, 2021; Wisconsin by Emergency Orders #1, #12 and #28, the school clause of which survived Wisconsin Legislature v. Palm, then by Dane County's and Milwaukee's orders until the Supreme Court of Wisconsin held in James v. Heinrich that local health officers lack power to close schools; Iowa by proclamation from April 2, 2020, then by the July 17, 2020 in-person presumption, the November 2020 employer and gathering orders, the January 29, 2021 in-person statute and HF 847's face-covering-mandate prohibition of May 20, 2021, enjoined September 13, 2021; Kansas by Executive Order 20-07 from March 23 to May 29, 2020, then Executive Order 20-59's school mitigation procedures from August 10, 2020 to March 31, 2021 and Johnson and Douglas Counties' 2021 orders; Missouri by the Director's orders of April 3 and 16, 2020 and the county regimes of Springfield, Columbia, Boone County, St. Louis and Kansas City; Nebraska by Directed Health Measure 2020-008 and 2020-009 (schools statewide to May 31, 2020) and the district DHMs through May 24, 2021; North Dakota by Executive Orders 2020-04 and 2020-10 through the year, then required building health and safety plans and the winter limits of November 2020 to January 2021; and South Dakota by its emergency orders and Senate Bills 188 and 189 (Ex. IN-010; Ex. IN-014; Ex. IN-018; Ex. IN-037; Ex. IN-038; Ex. IN-044; Ex. IN-048; Ex. IN-051; Ex. IN-052; Ex. IN-053; Ex. IN-056; Ex. IN-071; Ex. IN-073 (effective October 1, 2021; post-period); Ex. WI-002; Ex. WI-003; Ex. WI-023; Ex. IA-016; Ex. IA-019; Ex. IA-020; Ex. IA-021; Ex. IA-022; Ex. IA-025; Ex. IA-028; Ex. IA-032; Ex. IA-034; Ex. IA-036; Ex. IA-037; Ex. IA-038; Ex. IA-041; Ex. IA-044; Ex. IA-045; Ex. IA-046; Ex. IA-057; Ex. IA-068; Ex. SEC-15-030; Ex. KS-004; Ex. KS-005; Ex. KS-032; Ex. KS-033; Ex. KS-095; Ex. SEC-15-057; Ex. ECO-B-016; Ex. MO-005; Ex. MO-041; Ex. MO-045; Ex. MO-046; Ex. MO-047; Ex. MO-048; Ex. MO-049; Ex. MO-050; Ex. MO-051; Ex. MO-052; Ex. MO-053; Ex. MO-054; Ex. MO-055; Ex. MO-057; Ex. MO-058; Ex. MO-060; Ex. NE-007; Ex. NE-008; Ex. NE-010; Ex. NE-011; Ex. NE-013; Ex. NE-014; Ex. NE-016; Ex. NE-017; Ex. NE-020; Ex. NE-021; Ex. NE-023; Ex. NE-025; Ex. NE-035; Ex. NE-036; Ex. NE-038; Ex. NE-039; Ex. NE-047; Ex. NE-053; Ex. NE-076; Ex. NE-077; Ex. NE-078; Ex. NE-079; Ex. NE-086; Ex. NE-094; Ex. NE-109; Ex. NE-110; Ex. ND-002; Ex. ND-003; Ex. ND-010; Ex. ND-015; Ex. ND-027; Ex. ND-039; Ex. ND-040; Ex. ND-044; Ex. ND-051; Ex. ND-055; Ex. ND-062; Ex. ND-065; Ex. ND-067; Ex. ECO-B-072; Ex. SD-007; Ex. SD-013; Ex. SD-017; Ex. SD-026; Ex. SD-027; Ex. SD-034; Ex. SD-035).⁵²

The West

California's Executive Order N-26-20 of March 13, 2020 fixed the terms on which every school that closed would keep its funding and continue meals and care, the governing boards of ninety-nine percent of its districts, each a governmental authority, had closed their schools by board action by March 19, and the stay-at-home order of that day closed every school in the State by force of law; its Provider Information Notice 20-06-CCP confined child care to essential workers' children in fixed groups, its framework of July 17, 2020 barred in-person instruction in every county on the monitoring list (thirty-three of fifty-eight on July 20, 2020) and made the schools guidance mandatory, its Blueprint held Purple-tier schools closed without waiver, its institutions-of-higher-education guidance of August 7, 2020 barred indoor lectures, and from June 15, 2021 its Beyond the Blueprint order made the Department of Public Health's K-12 guidance of July 12, 2021, with universal indoor face coverings and its exposure and quarantine rules, binding on every public and private school, followed on August 11, 2021 by the order that every school verify the vaccination status of every worker (Ex. CA-004; Ex. ECO-B-017; Ex. CA-013; Ex. CA-046; Ex. SEC-15-053; Ex. AGY-ST-EDUCATION-HIGHER-ED-009; Ex. AGY-ST-EDUCATION-HIGHER-ED-015; Ex. AGY-ST-EDUCATION-HIGHER-ED-051; Ex. CA-036; Ex. CA-034; Ex. SEC-15-024; Ex. ECO-B-086; Ex. CA-033; Ex. SEC-15-023; Ex. ECO-B-085).⁵³ Oregon closed its K-12 schools from March 16, 2020 and its colleges from March 21, 2020, ordered distance learning for all through the year, confined child care to emergency child care for essential workers' children from March 25, 2020 under Executive Order 20-12 (issued March 23) and from April 23, 2020 under Executive Order 20-19, rescinded as of June 30, 2021 by Executive Order 21-15, governed higher education by Executive Order 20-28 and 2020-21 K-12 instruction by Ready Schools, Safe Learners with mandatory metrics, ordered every public school to offer in-person or hybrid instruction by March 29 and April 19, 2021, rescinded its remaining pandemic orders on June 30, 2021, and on August 2, 2021 required face coverings in every public and private K-12 school by rule, as an occupational-health and airborne-transmission control enforced by civil penalty, on August 25 required every teacher and staff member fully vaccinated by October 18, 2021 with no test-out, and on September 1 extended its child care regulatory flexibility to December 31, 2021 (Ex. OR-004; Ex. OR-059; Ex. OR-007; Ex. OR-060; Ex. OR-013; Ex. OR-014; Ex. OR-021; Ex. OR-022; Ex. OR-039; Ex. OR-043; Ex. OR-045; Ex. OR-056; Ex. OR-052; Ex. OR-058; Ex. SEC-15-060; Ex. ECO-B-049; Ex. ECO-B-109; Ex. ECO-B-110; Ex. ECO-B-111).⁵⁴ Washington closed "all public and private K-12 schools" from March 17, 2020 through June 19, 2020, prohibited in-person college classes from March 13, 2020, waived child care rules by Proclamation 20-31 through the period, governed higher education by the 20-12 series through 20-12.5 of August 27, 2021, governed K-12 reopening by Proclamation 20-09.3 of December 16, 2020, required thirty percent in-person instruction by April 19, 2021, and in 2021 prohibited every K-12 school from operating outside the Department of Health's requirements (Proclamation 20-09.4, July 30, 2021), prohibited every institution of higher education from operating outside them (20-12.4, July 12, 2021), and ordered every worker in every child care, K-12 and higher-education setting fully vaccinated by October 18, 2021 with no test-out (21-14.1, August 20, 2021) (Ex. WA-004; Ex. WA-005; Ex. WA-026; Ex. WA-008; Ex. WA-022; Ex. WA-038; Ex. WA-045; Ex. WA-046; Ex. WA-052; Ex. WA-071; Ex. WA-074; Ex. WA-075; Ex. WA-079; Ex. WA-081; Ex. WA-087; Ex. SEC-15-043; Ex. ECO-B-052; Ex. ECO-B-053; Ex. ECO-B-121).⁵⁵ Arizona closed its schools from March 16, 2020 through the year, fixed August 17, 2020 as the earliest in-person start, required on-site learning for students in need from that date under public health benchmarks, required face coverings in its schools, as an exposure-control condition beside its public health benchmarks, from July 23, 2020 by Executive Order 2020-51 paragraph 5 and by Emergency Measure 2020-04 from November 19, 2020, both to April 19, 2021, ordered in-person instruction by March 15, 2021, and in 2021 enacted a school face-covering-mandate prohibition scheduled for September 29, 2021 that the Maricopa County Superior Court voided on September 27, 2021, while the Navajo Nation required face coverings in every school and declared Orange Status for its schools from August 12, 2021 (Ex. AZ-021; Ex. SEC-15-019; Ex. AZ-023; Ex. AZ-026; Ex. AZ-031; Ex. AZ-035; Ex. AZ-041; Ex. AZ-042; Ex. AZ-043; Ex. AZ-080; Ex. AZ-083; Ex. MET-PHX-006; Ex. MET-PHX-005).⁵⁶ Colorado suspended "normal in-person instruction" at every public and private P-12 school from March 23, 2020 through the year, directed emergency child care for essential workers, required face coverings in its schools by the D 2020 039 series to June 1, 2021 and, for unvaccinated persons aged twelve and older in every school, child care facility and camp, to June 30, 2021 under the Third Amended Public Health Order 20-38, which also ordered that "All employers must implement" the face-covering requirements, and held them under Public Health Order 20-38 through its amendments to October 1, 2021, after which Denver, Boulder County, the Tri-County Health Department and Jefferson County imposed face-covering requirements, with testing of unvaccinated staff in Jefferson County, on every school and child care facility between August 10 and September 1, 2021 and Denver ordered every school and child care worker vaccinated by September 30, 2021 (Ex. SEC-15-076; Ex. CO-006; Ex. CO-013; Ex. CO-016; Ex. CO-047; Ex. CO-063; Ex. CO-018; Ex. ECO-B-062; Ex. CO-019; Ex. CO-031; Ex. CO-067; Ex. CO-040; Ex. CO-051; Ex. CO-060; Ex. CO-061; Ex. CO-052; Ex. CO-041; Ex. CO-053; Ex. CO-091; Ex. CO-054 (the Seventh Amended order, effective October 1, 2021, post-period); Ex. CO-076; Ex. MET-DEN-024; Ex. MET-DEN-032; Ex. MET-DEN-081; Ex. MET-DEN-082; Ex. MET-DEN-102; Ex. MET-DEN-023; Ex. MET-DEN-025).⁵⁷ Nevada, Utah, New Mexico, Hawaii, Idaho, Montana, Wyoming and Alaska complete the region: Nevada's Directives 005, 014 and 015 closed school buildings through the year, Directive 022 reopened them at fifty percent or fifty persons per space, Directive 028 required face coverings of every K-12 student and staff member for 2020-21, Directive 038 capped occupancy, Directive 044 ended statewide distancing on April 30, 2021, Directive 047 of July 27, 2021 (effective July 30) required every person, vaccinated or not, to wear a face covering in public indoor settings in every county of substantial or high transmission, and Directive 048 of August 4, 2021 required face coverings in every public, private and charter school in counties over 100,000, with the Department of Education's testing, isolation and quarantine guidelines, while the Board of Health required vaccination for enrollment in the State's colleges from November 1, 2021; Utah's soft closure of March 16, 2020, its school face-covering orders of July 17, 2020 through May 2021, its November 2020 restrictions, its HB 1007 confining school face-covering rules to county-approved local orders and its SB 107 test-to-stay statute, with Salt Lake City's K-12 order of August 20, 2021 and Summit County's of August 25; New Mexico's public health orders from March 2020 through the Red-to-Green framework to the order of June 30, 2021 effective July 1, its Public Education Department's 2021-22 toolkit of July 26, 2021, its indoor face-covering order of August 17, 2021 effective August 20, its Public Health Emergency Order of the same day requiring every school worker to be fully vaccinated or tested weekly from August 23, and its amended school-worker order of September 15, 2021; Hawaii's stay-at-home and Act with Care proclamations, its Department of Education's remote-work notice of March 19, 2020 and its School Closure Procedures of April 24, 2020, which kept every campus closed to students through May 28, 2020, its distance-learning posture through 2020-21, its Twenty-First Proclamation's statewide face-covering requirement, its full in-person return on August 3, 2021 under Department of Health face-covering, distancing and quarantine guidance and its employee vaccination-or-testing attestation from August 16, 2021; Idaho's State Board soft closure of March 23, 2020 extended to the end of the year, its Central District Health orders and its Boise face-covering reinstatement of August 3, 2021; Montana's directives closing schools from March 16, 2020 to a May 7 local option, its child care directive, its schools face-covering directive from August 12, 2020 to February 12, 2021, and its emergency rule of August 31, 2021 directing schools to weigh parental objections to face-covering requirements; Wyoming's Public Health Order #1 closing schools, colleges and child care from March 19, 2020, continued and modified twenty-seven times to May 31, 2021; and Alaska's Health Mandates 001, 008 and 013 closing every public and private school through the year, with Anchorage's and Fairbanks's district face-covering requirements of August and September 2021 (Ex. NV-002; Ex. NV-007; Ex. NV-071; Ex. NV-072; Ex. NV-018; Ex. NV-023; Ex. NV-033; Ex. NV-038; Ex. NV-041; Ex. NV-042; Ex. NV-069; Ex. NV-061; Ex. NV-055; Ex. NV-070; Ex. UT-004; Ex. UT-019; Ex. UT-020; Ex. UT-030; Ex. UT-031; Ex. UT-033; Ex. UT-034; Ex. UT-035; Ex. UT-036; Ex. UT-037; Ex. UT-038; Ex. UT-039; Ex. UT-043; Ex. UT-044; Ex. UT-045; Ex. UT-046; Ex. SEC-15-031; Ex. MET-SLC-030; Ex. MET-SLC-016; Ex. NM-032; Ex. NM-033; Ex. NM-038; Ex. NM-039; Ex. NM-040; Ex. NM-041; Ex. NM-042; Ex. NM-046; Ex. NM-047; Ex. NM-049; Ex. NM-054; Ex. NM-056; Ex. NM-057; Ex. NM-068; Ex. NM-070; Ex. NM-071; Ex. AGY-ST-EDUCATION-HIGHER-ED-050; Ex. HI-049; Ex. HI-050; Ex. HI-048; Ex. HI-047; Ex. HI-043; Ex. HI-044; Ex. HI-046; Ex. HI-045; Ex. AGY-ST-EDUCATION-HIGHER-ED-001; Ex. AGY-ST-EDUCATION-HIGHER-ED-002; Ex. AGY-ST-EDUCATION-HIGHER-ED-003; Ex. AGY-ST-EDUCATION-HIGHER-ED-004; Ex. ID-017; Ex. ID-024; Ex. ID-025; Ex. ID-080; Ex. ID-053; Ex. ID-079; Ex. MT-003; Ex. MT-004; Ex. MT-007; Ex. MT-012; Ex. MT-013; Ex. MT-014; Ex. MT-017; Ex. MT-025; Ex. MT-036; Ex. MT-037; Ex. MT-046; Ex. MT-047; Ex. MT-042; Ex. WY-004; Ex. WY-008; Ex. WY-012; Ex. WY-016; Ex. WY-018; Ex. WY-020; Ex. WY-022; Ex. WY-024; Ex. WY-026; Ex. WY-028; Ex. WY-030; Ex. WY-032; Ex. WY-033; Ex. WY-038; Ex. WY-042; Ex. WY-046; Ex. WY-050; Ex. WY-053; Ex. WY-056; Ex. WY-058; Ex. AK-003; Ex. AK-004; Ex. AK-010; Ex. AK-015; Ex. AK-037; Ex. AK-074; Ex. AK-093; Ex. AK-094).⁵⁸

The winter re-closures and the 2021 transition

Between November 13, 2020 and January 15, 2021, Kentucky (all K-12 from November 23; middle and high schools to January 4), Michigan (high schools and colleges November 18 to December 20), New Mexico (in-person closed through January 15), West Virginia (November 26 to December 2; red-county high schools through the winter), Minnesota (sports November 21 to January 4), Marion County (schools virtual November 30 to January 15), New York City (cluster zones), Montgomery County, Pennsylvania (K-12 virtual November 23 to December 6), Philadelphia (high schools and colleges online November 20 to January 15) and Pennsylvania (school sports December 12 to January 4) sent instruction back to the screen or the field to the bench by order, and the winter gathering and capacity orders of every re-tightening State governed every school event.⁵⁹ The return was itself ordered: Iowa's statute of January 29, 2021 (in-person option by February 15), New Hampshire's Emergency Order #85 (two days by March 8), Arizona's Executive Order 2021-04 (in-person by March 15), Oregon's Executive Order 21-06 (K-5 by March 29, grades 6-12 by April 19), Washington's proclamation of March 15, 2021 (thirty percent by April 19), North Carolina's S.L. 2021-4 (within twenty-one days of March 11), Kentucky's HB 208 (two days by March 29), West Virginia's Executive Order 10-21 (five days from March 24), Kansas's Senate Bill 63 (2021) (full-time in-person instruction from April 5, 2021), South Carolina's Act 102 (five days by April 26), New Hampshire's Emergency Order #89 (full time by April 19) and Massachusetts's 603 CMR 27.08 amendments (phased return from April 5) each fixed a date and conditions, and each ran to the end of the school year in June 2021.⁶⁰ The general school orders, each a school-setting infection-prevention and exposure-control regime named here by its face-covering requirement, then ended in steps: Texas's school face-covering policies on June 4, 2021; Ohio's orders on June 2; Massachusetts's sports rules on May 29; Colorado's executive face-covering order on June 1 and its Public Health Order 20-38 school, child care and camp face-covering duties on June 30; Utah's school face-covering order on the Monday of the last week of the 2020-21 school year (Ex. UT-044); Illinois's Phase 4 capacity and gathering conditions on June 11; Wyoming's on May 31; Maine's and Minnesota's on June 30 and July 1; Virginia's K-12 requirement under Order of Public Health Emergency Ten on June 30; Delaware's school and child care face-covering requirements at 12:01 a.m. on July 13; Connecticut's Public Health rule on August 7, its Executive Order 9 school rules running on under Executive Orders 12B and 13; and North Carolina's school face-covering requirement at 5:00 p.m. on July 30, 2021. The second round had begun before the last of those lapsed: California's K-12 guidance became binding on July 12, Washington's Proclamation 20-09.4 issued July 30 and the District's Mayor's Order 2021-097 took effect July 31.⁶¹

The preemption States

Texas, Florida, Arkansas, Iowa, Oklahoma, South Carolina, Tennessee and Utah forbade or conditioned school face-covering requirements by executive order or statute that took effect between May 20 and August 16, 2021, and Arizona enacted a ninth that the Maricopa County Superior Court voided on September 27, 2021, two days before its effective date. Each instrument is an order from an appropriate governmental authority prescribing how every school in the State operated in the third quarter of 2021; each was met by county and district orders to the contrary in the largest metros of Texas, Florida, Arizona, Arkansas, Iowa, Tennessee, South Carolina and Utah; and each produced litigation inside the quarter whose orders are themselves exhibits: the Texas Supreme Court's stays of August 15 and 26, 2021 and the Fifth Court of Appeals' order of September 27, 2021; the Pulaski County Circuit Court's TRO of August 6, 2021 against Act 1002; the Southern District of Iowa's TRO of September 13, 2021 against HF 847; the Oklahoma County District Court's partial injunction of September 1, 2021 against SB 658; the Maricopa County Superior Court's judgment of September 27, 2021 voiding A.R.S. 15-342.05; the Supreme Court of South Carolina's opinions of August 17, September 2 and September 30, 2021 and the District of South Carolina's injunction of September 28, 2021 against Proviso 1.108; and the Western, Middle and Eastern Districts of Tennessee's injunctions of September 3 and 24, 2021 against Executive Order 84. In every one of those States the federal layer applied on every day of the quarter, and in Texas, Florida, Arizona and Tennessee the State's own quarantine, reporting and public-health guidance governed every school's response to every case.⁶²

The largest metros

The local instruments

The local instruments of the largest metros reached the industry chiefly as workplace infection-prevention and exposure-control regimes, in which face coverings, screening, distancing, capacity limits and the quarantine of exposed classes were imposed together; this section names each instrument by its lead requirement. New York City closed its public school buildings from March 16, 2020, closed school-based and other child care by Board of Health order from April 3 to July 12, 2020, closed the schools of its cluster zones from October 12, 2020, held every non-public and charter school to distancing, masking and quarantine requirements from November 5, 2020 to May 10, 2021, and in the third quarter of 2021 ordered every Department of Education employee and contractor vaccinated by September 27 (moved to October 1), every contracted early-education and child care worker vaccinated by September 27, and every student in the designated sports and extracurricular activities vaccinated by September 27, while Nassau and Westchester Counties had closed every public and private school from March 16 and 18, 2020 (Ex. MET-NYC-049; Ex. MET-NYC-054; Ex. MET-NYC-058; Ex. MET-NYC-038; Ex. MET-NYC-039; Ex. MET-NYC-044; Ex. MET-NYC-045; Ex. MET-NYC-040; Ex. MET-NYC-041; Ex. MET-NYC-042; Ex. MET-NYC-043; Ex. MET-NYC-037; Ex. MET-NYC-014; Ex. MET-NYC-016; Ex. MET-NYC-018; Ex. MET-NYC-020; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-008).⁶³ Los Angeles County closed every K-12 school to in-person instruction from July 18, 2020 and held them closed through the Purple tier, its Tier 1 surge order of December 30, 2020 and the Red tier of March 2021, required face coverings in every K-12 and child care setting from June 15, 2021, with its exposure and quarantine rules, and in every indoor space from 11:59 p.m. on July 17, 2021, and ordered health care worker vaccination from August 12, 2021; the City's Safer at Home orders kept child care in stable groups; Pasadena and Long Beach issued their own school and quarantine orders; and the Los Angeles Unified School District closed on March 16, 2020, opened 2020-21 in distance learning and on September 9, 2021 resolved to require vaccination of every student twelve and older (Ex. MET-LA-028; Ex. MET-LA-032; Ex. MET-LA-009; Ex. MET-LA-010; Ex. MET-LA-012; Ex. MET-LA-034; Ex. MET-LA-071; Ex. MET-LA-014; Ex. MET-LA-017; Ex. MET-LA-076; Ex. MET-LA-018; Ex. MET-LA-019; Ex. MET-LA-023; Ex. MET-LA-052; Ex. MET-LA-068; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-029; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-031; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-032).⁶⁴ Chicago capped school and higher-education gatherings at fifty and one hundred in its Phase IV guidelines of November 20, 2020, held its Bridge Phase and Phase 5 orders through September 30, 2021, and required face coverings in every indoor public place from August 20, 2021, followed by suburban Cook County on August 23 and Oak Park on August 6, while the Chicago Board of Education governed its contractors through emergency resolutions from March 25, 2020 through fiscal 2022 and adopted its remote education policies of June 23 and August 25, 2021 (Ex. MET-CHI-053; Ex. MET-CHI-017; Ex. MET-CHI-018; Ex. MET-CHI-026; Ex. MET-CHI-041; Ex. MET-CHI-049; Ex. MET-CHI-061; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-001; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-002; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-003; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-004; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-005; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-006; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-007).⁶⁵ Dallas County closed its schools and gatherings from March 16, 2020, confined child care to essential-worker cohorts under its Safer At Home order, barred on-campus instruction by Local Health Authority order from July 16 to August 10, 2020 (as Tarrant County did to September 27, 2020), kept its continuing requirements for schools in force through the quarter, and imposed face-covering requirements, with the Local Health Authority's school quarantine rules, on every child care facility, Pre-K-12 school, college and commercial entity from August 11, 2021 under orders the Fifth Court of Appeals left standing on September 27, 2021; Harris County barred on-campus instruction before September 8, 2020 and imposed universal face coverings and fourteen-day quarantines, as exposure-control requirements, on every public school and child care setting from August 12, 2021, while the Houston Independent School District closed March 13, 2020, taught virtually for the first six weeks of 2020-21 and required face coverings in every school, bus and facility from August 12, 2021 under an injunction it held through the quarter; and Bexar County barred on-campus instruction before September 7, 2020, ran zone directives through the year, and ordered universal face coverings and quarantine in every school from August 10, 2021 by health directive, county executive order and City addendum (Ex. MET-DFW-003; Ex. MET-DFW-013; Ex. MET-DFW-019; Ex. MET-DFW-024; Ex. MET-DFW-026; Ex. MET-DFW-049; Ex. MET-DFW-028; Ex. MET-DFW-029; Ex. MET-DFW-030; Ex. MET-DFW-031; Ex. MET-DFW-095; Ex. MET-DFW-094; Ex. MET-HOU-040; Ex. MET-HOU-038; Ex. MET-HOU-041; Ex. MET-HOU-039; Ex. MET-HOU-052; Ex. MET-HOU-053; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-045; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-046; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-048; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-049; Ex. MET-SAT-036; Ex. MET-SAT-040; Ex. MET-SAT-044; Ex. MET-SAT-054; Ex. MET-SAT-056; Ex. MET-SAT-066; Ex. MET-SAT-067; Ex. MET-SAT-068).⁶⁶ Montgomery County, Maryland barred in-person instruction at every nonpublic school by Health Officer orders of July 31 and August 5, 2020 until the Governor's order of August 3 and the County's rescission of August 7, held child care and schools under its local orders of November 2020 through May 28, 2021, and reimposed indoor face coverings by Board of Health regulation from August 7, 2021; Prince George's County Public Schools closed March 16, 2020, opened 2020-21 in distance learning, returned to hybrid instruction on April 8, 2021 and opened 2021-22 on September 8, 2021 with universal face coverings and employee vaccination-or-testing, as its own announcements record; Fairfax County Public Schools opened 2020-21 virtually, paused its pre-K and kindergarten return on November 16, 2020, required staff vaccination or testing from August 23, 2021 and announced on August 30, 2021 a student-athlete vaccination requirement effective November 8, 2021, after the claim period; Fairfax County's courts, Alexandria and the Northern Virginia health directors imposed face-covering requirements on their premises from August 2 to 4, 2021; and the District's Mayor's Order 2021-097 placed every school and child care setting under indoor face-covering and DC Health exposure-control requirements from July 31, 2021 (Ex. MET-DCM-005; Ex. MET-DCM-006; Ex. MET-DCM-011; Ex. MET-DCM-013; Ex. MET-DCM-021; Ex. MET-DCM-023; Ex. MET-DCM-024; Ex. MET-DCM-025; Ex. MET-DCM-046; Ex. MET-DCM-044; Ex. MET-DCM-052; Ex. MET-DCM-062; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-012; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-013; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-014; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-015; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-016; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-017; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-018; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-050; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-051; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-052; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-053; Ex. DC-057).⁶⁷ Philadelphia barred non-essential activity from 5:00 p.m. on March 16, 2020, sent its high schools and colleges online from November 20, 2020 to January 15, 2021 under the Fall/Winter orders, required face coverings in K-12 schools and camps under its Further Reopening Order, kept its Full Reopening Order in force through every day of the third quarter of 2021 with face coverings in schools and child care, added indoor face coverings on August 12, 2021, and required vaccination of health care and higher-education workers by Board of Health regulation effective August 16, 2021, while Camden County's emergency ran from March 16, 2020 through the quarter; Boston closed its public schools on March 17, 2020 and required face coverings in every indoor space from August 27, 2021, Somerville required testing in schools from November 2, 2020 and face coverings from August 20, 2021, Cambridge required indoor face coverings from September 3, 2021 and Worcester required them in every public, private, parochial and charter school from September 7, 2021 (Ex. MET-PHL-002; Ex. MET-PHL-003; Ex. MET-PHL-010; Ex. MET-PHL-011; Ex. MET-PHL-016; Ex. MET-PHL-018; Ex. MET-PHL-019; Ex. MET-PHL-020; Ex. MET-PHL-021; Ex. MET-PHL-080; Ex. MET-PHL-066; Ex. MET-PHL-068; Ex. MET-PIT-057; Ex. MET-BOS-007; Ex. MET-BOS-059; Ex. MET-BOS-013; Ex. MET-BOS-014; Ex. MET-BOS-063; Ex. MET-BOS-036; Ex. MET-BOS-130; Ex. MET-BOS-110).⁶⁸ Atlanta, Fulton, DeKalb and Cobb Counties confined their residents from March 23 to 26, 2020, Fulton County Schools ran face-covering requirements through the 2020-21 year and its 2021 summer programs, Clayton County Public Schools required face coverings on every bus for 2021-22, Savannah imposed a face-covering requirement on every school from July 26 and again from August 24, 2021, and Atlanta required face coverings in every indoor place from July 28, 2021 until the Governor's order of August 19 suspended local orders as applied to businesses; Phoenix Union High School District's face-covering mandate stood from August 2, 2021 after the Maricopa County Superior Court refused a restraining order on August 16, and the same court voided the State's ban on September 27; Maricopa County's face-covering regulations ran from June 20, 2020 through the 2020-21 year (Ex. MET-ATL-001; Ex. MET-ATL-054; Ex. MET-ATL-002; Ex. MET-ATL-022; Ex. MET-ATL-030; Ex. MET-ATL-056; Ex. MET-ATL-065; Ex. MET-ATL-016; Ex. MET-ATL-017; Ex. MET-ATL-063; Ex. MET-PHX-005; Ex. MET-PHX-006; Ex. MET-PHX-002; Ex. MET-PHX-001; Ex. MET-PHX-023).⁶⁹ San Francisco's shelter order of March 17, 2020, its Safer Return Together order of June 15, 2021 with school and child care provisions, the eight Bay Area indoor face-covering orders of August 3, 2021 and its proof-of-vaccination orders of August 12 and September 10, 2021; Riverside County's closure of "All Schools, Community Colleges, Colleges, and Universities from March 16, 2020 through June 19, 2020" and its face-covering and distancing orders; Sacramento County's stay-at-home and tier orders from April 7, 2020 to June 15, 2021 and its order closing every public and private school from August 28 to October 13, 2020; and San Diego County's orders closing campuses from March 17, 2020, confining child care to stable groups of ten from March 29, 2020, its November 21, 2020 order, its Limited Order of June 15, 2021 and its isolation and quarantine orders in force through the quarter complete California (Ex. MET-SFO-001; Ex. MET-SFO-008; Ex. MET-SFO-071; Ex. MET-SFO-010; Ex. MET-SFO-049; Ex. MET-SFO-011; Ex. MET-SFO-017; Ex. MET-RIV-004; Ex. MET-RIV-010; Ex. MET-RIV-006; Ex. MET-RIV-007; Ex. MET-RIV-008; Ex. MET-SAC-002; Ex. MET-SAC-005; Ex. MET-SAC-008; Ex. MET-SAC-023; Ex. MET-SAC-024; Ex. MET-SAC-009; Ex. MET-SAC-011; Ex. MET-SAC-025; Ex. MET-SAC-012; Ex. MET-SAC-010; Ex. MET-SAC-026; Ex. MET-SAC-027; Ex. MET-SAC-013; Ex. MET-SAC-014; Ex. MET-SAC-028; Ex. MET-SAN-002; Ex. MET-SAN-003; Ex. MET-SAN-004; Ex. MET-SAN-016; Ex. MET-SAN-022; Ex. MET-SAN-023; Ex. MET-SAN-024; Ex. MET-SAN-041; Ex. MET-SAN-042).⁷⁰ Detroit's epidemic order of October 9, 2020 required face coverings in its schools, Oakland County screened every child care center from March 23, 2020 and required face coverings of every K-12 student from October 3, 2020, Wayne County incorporated the State's epidemic orders from October 8, 2020, and in 2021 Oakland (August 24) and Wayne (August 27) Counties imposed face-covering and exposure-control requirements on every school and day care by emergency order while the Detroit Public Schools Community District required face coverings of every person and tested its staff weekly; King County required face coverings in every school and at every outdoor event from September 7, 2021, ordered proof of vaccination for entry to covered establishments from October 25, 2021 by order of September 16, and with Seattle ordered its own employees vaccinated by October 18, 2021; Minneapolis closed adult day care from March 17 to July 24, 2020, the University of Minnesota required face coverings on every campus from August 2, 2021, St. Paul required them on City property from August 3, 2021, and Hennepin and Ramsey Counties required them in their facilities and courts in August 2021 (Ex. MET-DET-001; Ex. MET-DET-018; Ex. MET-DET-027; Ex. MET-DET-014; Ex. MET-DET-032; Ex. MET-DET-036; Ex. MET-DET-052; Ex. MET-DET-038; Ex. MET-DET-013; Ex. MET-DET-015; Ex. MET-DET-046; Ex. MET-SEA-002; Ex. MET-SEA-001; Ex. MET-SEA-018; Ex. MET-SEA-024; Ex. MET-SEA-027; Ex. MET-MSP-003; Ex. MET-MSP-011; Ex. MET-MSP-062; Ex. MET-MSP-041; Ex. MET-MSP-044; Ex. MET-MSP-047; Ex. MET-MSP-051; Ex. MET-MSP-064).⁷¹ Denver's stay-at-home orders of March 23 to May 8, 2020, Jefferson County's order limiting P-12 access and sports of April 29, 2020, Denver's higher-education orders of October 16, 2020 to April 23, 2021, its face-covering order for persons three and older of January 20, 2021, Boulder County's school and child care face-covering order of May 20, 2021, and the 2021 orders of Denver (personnel vaccination August 2 and September 1; school and child care face coverings August 17), Boulder County (August 10), the Tri-County Health Department (August 23 and September 1) and Jefferson County (August 17, amended August 28), with the judicial districts' courthouse face-covering orders of August 2, 2021; St. Louis City's and County's stay-at-home orders of March 23, 2020, the County's Safer At Home orders of November 17, 2020 and March 8, 2021, its Sixth Amended Quarantine and Isolation Order of April 21, 2021 in force through the quarter, the City's proclamation and face-covering orders of July 23 and 26 and August 30, 2021, and the County's face covering order of July 26, 2021; Kansas City's and Jackson County's orders prohibiting "School Operations" from March 17, 2020 and confining child care in the stay-at-home orders, Johnson County's Board of Health Order 001-21 requiring face coverings in K-6 schools from August 9, 2021 to May 31, 2022 and Douglas County's youth face-covering order of August 19, 2021; Marion County's Public Health Orders from the school closure of March 16, 2020 through the middle and high school online-or-hybrid orders of August 2020, the November 30, 2020 to January 15, 2021 virtual order and the January 2021 regime, ratified by the City-County Council through the second quarter of 2021; Dane County's Safer at Home and Forward Dane orders, its Emergency Order #9 of August 21, 2020 confining in-person instruction to grades K-2 until the Supreme Court of Wisconsin enjoined it on September 10, 2020 and vacated it on June 11, 2021, and Milwaukee's orders barring in-person sessions absent an approved plan through June 1, 2021; and Clark County's ordinance, employee face-covering order of July 20, 2021 and the Eighth Judicial District's administrative orders, with the Clark County and Washoe County School Districts' distance-education decisions of July 2020, complete the Mountain West, the Plains and the Great Lakes (Ex. MET-DEN-005; Ex. MET-DEN-006; Ex. MET-DEN-007; Ex. MET-DEN-086; Ex. MET-DEN-037; Ex. MET-DEN-015; Ex. MET-DEN-010; Ex. MET-DEN-031; Ex. MET-DEN-030; Ex. MET-DEN-079; Ex. MET-DEN-096; Ex. MET-DEN-106; Ex. MET-DEN-103; Ex. MET-DEN-023; Ex. MET-DEN-025; Ex. MET-DEN-024; Ex. MET-DEN-032; Ex. MET-DEN-081; Ex. MET-DEN-082; Ex. MET-DEN-102; Ex. MET-DEN-058; Ex. MET-DEN-066; Ex. MET-STL-006; Ex. MET-STL-008; Ex. MET-STL-044; Ex. MET-STL-077; Ex. MET-STL-074; Ex. MET-STL-075; Ex. MET-STL-067; Ex. MET-STL-083; Ex. MET-STL-020; Ex. MET-STL-021; Ex. MET-STL-022; Ex. MET-STL-069; Ex. MET-STL-090; Ex. MET-STL-084; Ex. MET-KC-026; Ex. MET-KC-027; Ex. MET-KC-028; Ex. MET-KC-036; Ex. MET-KC-067; Ex. MET-KC-068; Ex. MET-KC-074; Ex. KS-095; Ex. MET-IND-001; Ex. MET-IND-004; Ex. MET-IND-005; Ex. MET-IND-009; Ex. MET-IND-010; Ex. MET-IND-020; Ex. MET-IND-023; Ex. MET-IND-026; Ex. MET-IND-029; Ex. MET-IND-032; Ex. MET-IND-035; Ex. MET-IND-039; Ex. MET-IND-041; Ex. MET-IND-080; Ex. MET-IND-081; Ex. MET-IND-082; Ex. MET-IND-083; Ex. MET-MKE-003; Ex. MET-MKE-005; Ex. MET-MKE-006; Ex. MET-MKE-007; Ex. MET-MKE-008; Ex. MET-MKE-009; Ex. MET-MKE-012; Ex. MET-MKE-013; Ex. MET-MKE-014; Ex. MET-MKE-015; Ex. MET-MKE-016; Ex. MET-MKE-017; Ex. MET-MKE-018; Ex. MET-MKE-026; Ex. MET-MKE-030; Ex. MET-MKE-032; Ex. MET-MKE-034; Ex. MET-MKE-035; Ex. MET-MKE-036; Ex. MET-MKE-037; Ex. MET-MKE-054; Ex. MET-MKE-056; Ex. MET-MKE-059; Ex. MET-MKE-060; Ex. MET-MKE-064; Ex. MET-MKE-069; Ex. MET-MKE-070; Ex. MET-LAS-026; Ex. MET-LAS-006; Ex. MET-LAS-007; Ex. MET-LAS-009; Ex. MET-LAS-018; Ex. MET-LAS-019; Ex. MET-LAS-037; Ex. MET-LAS-040; Ex. MET-LAS-041).⁷² New Orleans's stay-at-home and emergency proclamations of March 2020, its reopening guidelines of May 28, July 23 and July 31, 2021 requiring face coverings in early childhood, elementary and secondary institutions, its vaccination-or-test entry rule of August 16, 2021 and its employee vaccination-or-testing order of August 19, Jefferson Parish's face-covering proclamations of July 1, 2020 and August 4, 2021, East Baton Rouge's No Mask-No Service order of July 3, 2020, its City-Parish building face-covering requirement of July 30, 2021 and its school system's K-12 and bus face-covering requirements of August 3, 2021; Honolulu's stay-at-home orders of March 23 and August 27, 2020, its Tier 5 order of July 8, 2021, its Safe Access O'ahu order effective September 13 and its Safe O'ahu Response Plan effective September 22, 2021, Maui's rules treating educational institutions as essential for essential functions only and its Safer Outside rules of September 15, 2021, and Hawaii County's and Kauai's rules; Baltimore's stay-at-home continuation, its Health Commissioner's face-covering orders of April 30 and May 14, 2021 and of August 10, 2021 (schools included, to March 1, 2022), and the Maryland Transit Administration's service reductions and face-covering rule through July 2021; Nashville's Order 8 requiring face coverings in K-12 schools from April 9 to May 14, 2021, Shelby County's Health Directives 7 and 16, and the federal injunctions in Shelby, Williamson and Knox Counties; Mecklenburg County's stay-at-home proclamation of March 26, 2020 (schools and child care) and Wake County's, its face-covering proclamation of August 18, 2021 and its Board of Health rule of August 31, 2021; Hamilton County's guidelines change of July 30, 2021 and Cuyahoga County's school guidance of August 3, 2021; Orange and Osceola Counties' stay-at-home orders of March 26, 2020; Allegheny County's statement on the State school order; Lexington's Delta-wave update of August 24, 2021; Salt Lake City's K-12 school face-covering order of August 20, 2021 extended September 14, Summit County's Orders 2020-09 and 2021-01 and its junior-high order of September 23, 2021, and the Salt Lake County Council's termination of the County's K-6 order on August 12, 2021 complete the metro layer (Ex. MET-MSY-002; Ex. MET-MSY-003; Ex. MET-MSY-004; Ex. MET-MSY-005; Ex. MET-MSY-025; Ex. MET-MSY-026; Ex. MET-MSY-027; Ex. MET-MSY-028; Ex. MET-MSY-029; Ex. MET-MSY-030; Ex. MET-MSY-032; Ex. MET-MSY-054; Ex. MET-MSY-063; Ex. MET-MSY-073; Ex. MET-MSY-077; Ex. MET-MSY-080; Ex. MET-HNL-004; Ex. MET-HNL-019; Ex. MET-HNL-020; Ex. MET-HNL-032; Ex. MET-HNL-033; Ex. MET-HNL-035; Ex. MET-HNL-037; Ex. MET-HNL-038; Ex. MET-HNL-042; Ex. MET-HNL-044; Ex. MET-HNL-046; Ex. MET-HNL-047; Ex. MET-HNL-048; Ex. MET-HNL-052; Ex. MET-HNL-055; Ex. MET-HNL-068; Ex. MET-HNL-076; Ex. MET-HNL-082; Ex. MET-HNL-084; Ex. MET-BAL-003; Ex. MET-BAL-013; Ex. MET-BAL-015; Ex. MET-BAL-017; Ex. MET-BAL-105; Ex. MET-BAL-107; Ex. MET-BNA-023; Ex. MET-BNA-061; Ex. MET-BNA-071; Ex. MET-BNA-080; Ex. MET-BNA-081; Ex. MET-BNA-084; Ex. MET-CLT-018; Ex. MET-CLT-051; Ex. MET-CLT-023; Ex. MET-CLT-025; Ex. MET-CLT-027; Ex. MET-CIN-035; Ex. MET-CIN-042; Ex. MET-CIN-043; Ex. MET-CLE-011; Ex. MET-ORL-004; Ex. MET-ORL-016; Ex. MET-ORL-017; Ex. MET-PIT-057; Ex. MET-SDF-037; Ex. MET-SLC-014; Ex. MET-SLC-016; Ex. MET-SLC-019; Ex. MET-SLC-030; Ex. MET-SLC-033; Ex. MET-SLC-034; Ex. MET-SLC-035; Ex. MET-SLC-079; Ex. MET-SLC-080; Ex. MET-SLC-081). In the Tampa Bay area, Hillsborough County's Safer-At-Home Order of March 27, 2020 directed every resident to stay at home and its County Administrator's orders of March 19 and 20, 2020 prohibited every gathering of more than ten persons, naming theaters and clubs; Pinellas County's Safer at Home order of March 26 and retail-closure order of April 2, 2020 closed every storefront outside the essential list until May 4, 2020; the City of Tampa closed every City park, pool and recreation facility and cancelled every program and tournament into May 2020; the face-covering orders of Hillsborough, Pinellas and Pasco Counties and the Cities of Tampa and St. Petersburg bound every business operator from June 22 to 25, 2020 until the State suspended them on May 3, 2021; and the Hillsborough County and City of Tampa local emergencies ran through every day of the third quarter of 2021 (Ex. MET-TPA-005; Ex. MET-TPA-002; Ex. MET-TPA-003; Ex. MET-TPA-058; Ex. MET-TPA-059; Ex. MET-TPA-021; Ex. MET-TPA-008; Ex. MET-TPA-028; Ex. MET-TPA-046; Ex. MET-TPA-065; Ex. MET-TPA-069; Ex. MET-TPA-015; Ex. MET-TPA-016; Ex. MET-TPA-017; Ex. MET-TPA-031); the Hillsborough County School Board's face-covering requirement of August 2021 is described by category. In Columbus, the Board of Health declared a public health emergency on March 13, 2020 that the Health Commissioner renewed every thirty days through the quarter, Ordinance 1643-2020 required face coverings in every place of business in the City, child care, day camp and overnight camp facilities included, from 8:00 a.m. on July 7, 2020 to June 8, 2021, with civil penalties assessed by Columbus Public Health, the health commissioners' Stay at Home Advisory ran from November 20, 2020 to January 23, 2021 (an advisory, which grounds no finding), and Mayor Ginther's Executive Order 2021-01 of September 10, 2021, codified as Ordinance 2388-2021 from 8:00 a.m. on September 14, required face coverings in every indoor area accessible to the public and every place of business, child care facilities included, on pain of civil penalty (Ex. MET-CMH-004; Ex. MET-CMH-039; Ex. MET-CMH-041; Ex. MET-CMH-052; Ex. MET-CMH-018; Ex. MET-CMH-026; Ex. MET-CMH-021; Ex. MET-CMH-031; Ex. MET-CMH-048; Ex. MET-CMH-050); Columbus City Schools' and Ohio State University's 2021-22 requirements are described by category.⁷³

The sector regulators

State boards and departments of education

The industry's own regulators acted as governmental authorities in their own right. Idaho's State Board of Education ordered a statewide soft closure of every classroom facility on March 23, 2020 and extended it to the end of the year on April 6 with re-entry criteria; Oklahoma's State Board ordered the year completed by distance learning from April 6, 2020; Illinois's State Board declared Remote Learning Days statewide from March 31, 2020 under an emergency rule and in 2021 enforced the universal face-covering requirement through recognition status; Massachusetts's Board promulgated 603 CMR 27.08 and its Commissioner's health and safety requirements, hybrid and remote hours and phased in-person return; New York's Education Department's reopening guidance of July 16, 2020 stated the plan elements every 2020-21 reopening plan owed under the Executive Order 202 series and the Department of Health's interim guidance of July 13, 2020, with in-person opening from September 1, 2020 authorized by Executive Order 202.60 (Sept. 4, 2020) (Ex. NY-035) (guidance, cited as context for those instruments); Texas's Education Agency fixed the public health planning requirements of 2020-21 and 2021-22; California's Department of Public Health fixed the mandatory schools guidance of July 17, 2020, the institutions-of-higher-education guidance of August 7, 2020, the youth sports rules of December 14, 2020 and the K-12 guidance of July 12, 2021; New Mexico's Public Education Department's toolkit of July 26, 2021 announced the 2021-22 requirements the public health orders imposed (the Department's announcement, cited as context for those orders) and its Activities Association announced the cancellation and postponement of seasons that the Governor's and the Department's closure orders compelled; Utah's Department of Health ordered every campus resident tested by January 1, 2021; the Iowa Board of Regents recorded the closures' revenue loss on April 30, 2020; Florida's Board of Governors ordered every State university remote for the spring 2020 semester; and the University of California moved every campus to remote instruction on March 17, 2020 (Ex. AGY-ST-EDUCATION-HIGHER-ED-001; Ex. AGY-ST-EDUCATION-HIGHER-ED-002; Ex. AGY-ST-EDUCATION-HIGHER-ED-003; Ex. AGY-ST-EDUCATION-HIGHER-ED-004; Ex. AGY-ST-EDUCATION-HIGHER-ED-038; Ex. AGY-ST-EDUCATION-HIGHER-ED-012; Ex. AGY-ST-EDUCATION-HIGHER-ED-030; Ex. AGY-ST-EDUCATION-HIGHER-ED-033; Ex. AGY-ST-EDUCATION-HIGHER-ED-032; Ex. AGY-ST-EDUCATION-HIGHER-ED-031; Ex. AGY-ST-EDUCATION-HIGHER-ED-007; Ex. AGY-ST-EDUCATION-HIGHER-ED-068; Ex. AGY-ST-EDUCATION-HIGHER-ED-016; Ex. AGY-ST-EDUCATION-HIGHER-ED-010; Ex. AGY-ST-EDUCATION-HIGHER-ED-009; Ex. AGY-ST-EDUCATION-HIGHER-ED-015; Ex. AGY-ST-EDUCATION-HIGHER-ED-050; Ex. AGY-ST-EDUCATION-HIGHER-ED-039; Ex. AGY-ST-EDUCATION-HIGHER-ED-040; Ex. AGY-ST-EDUCATION-HIGHER-ED-046; Ex. AGY-ST-EDUCATION-HIGHER-ED-065; Ex. AGY-ST-EDUCATION-HIGHER-ED-027; Ex. AGY-ST-EDUCATION-HIGHER-ED-051; Ex. AGY-ST-EDUCATION-HIGHER-ED-029; Ex. AGY-ST-EDUCATION-HIGHER-ED-036).⁷⁴

Child care licensing agencies

Every State's licensing agency rewrote the conditions of every licensed room. New Jersey's Department of Children and Families certified emergency centers and its Department of Health imposed the child care standards of Executive Order 149, continued by Executive Directive 21-004 through the quarter; Ohio created a temporary pandemic child care license by Executive Order 2020-04D and emergency rules, reopened under emergency ratios on May 31, 2020 and created the pandemic school-age license on August 31, 2020; Michigan authorized unlicensed disaster relief child care centers; Kentucky fixed groups of ten, screening and face coverings from June 8, 2020 to March 15, 2021; California's Department of Social Services prioritized essential workers and fixed group sizes from April 7, 2020; Maryland's Governor controlled child care access from March 13, 2020 to July 1, 2021; Delaware ran emergency child care sites from April 6, 2020 and imposed face-covering and exposure-control requirements on every center, home and camp from August 16, 2021; Oregon confined child care to emergency child care from March 25, 2020 under Executive Order 20-12 and from April 23, 2020 under Executive Order 20-19 to June 30, 2021 and extended its regulatory flexibility to December 31, 2021; Washington waived child care rules and background-check timing by Proclamation 20-31 through the quarter; Nebraska's Executive Orders 20-08 and 20-18 governed providers to July 30, 2021; New Hampshire's child care reopening guidance was mandatory to May 7, 2021; Rhode Island's Department of Human Services ran its child care plan and emergency regulations from June 1, 2020; Louisiana's Office of Public Health fixed group sizes by phase; North Dakota suspended early-childhood inspection and training requirements; Maine modified family child care rules to August 30, 2021; Indiana's Executive Order 20-40 governed child care from August 27, 2020 to June 30, 2021; Kentucky's, New Jersey's, Connecticut's, Washington's, Denver's, New York City's and the District's 2021 orders reached child care staff and rooms by name; and the District of Columbia placed its child development facilities under OSSE's approved-closure regime from March 13, 2020 and reopened them under OSSE requirements from May 29, 2020 (Ex. SEC-15-012; Ex. SEC-15-013; Ex. NJ-079; Ex. OH-065; Ex. OH-066; Ex. OH-024; Ex. OH-067; Ex. SEC-15-071; Ex. SEC-15-049; Ex. KY-070; Ex. CA-046; Ex. CA-013; Ex. MD-033; Ex. MD-034; Ex. DE-011; Ex. DE-045; Ex. DE-066; Ex. OR-007; Ex. OR-013; Ex. OR-058; Ex. WA-022; Ex. NE-047; Ex. NE-053; Ex. NH-052; Ex. RI-089; Ex. LA-052; Ex. ND-027; Ex. ME-010; Ex. IN-038; Ex. KY-054; Ex. NJ-058; Ex. CT-054; Ex. SEC-15-043; Ex. MET-DEN-024; Ex. MET-NYC-043; Ex. DC-083; Ex. DC-053; Ex. DC-076; Ex. GA-006; Ex. SD-013; Ex. VT-030).⁷⁵

Local health officers and school districts

The county and city health officers of Michigan, Colorado, Texas, Kansas, Utah, Missouri, California, Maryland, Ohio and North Carolina issued the school orders of the summer of 2021 that the six-quarters section inventories, under express statutory authority; and the largest school districts, each a governmental authority for its own operations and each the counterparty of the bus contractors, food-service vendors, tutoring companies, after-school providers and child care operators that work inside its buildings and under its contracts, closed on March 12 to 16, 2020, opened 2020-21 virtually or in hybrid form, and opened 2021-22 under face-covering, testing and vaccination policies of their own (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-008; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-012; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-013; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-016; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-017; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-018; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-031; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-045; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-046; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-048; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-049; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-050; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-051; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-052; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-053; Ex. AL-084; Ex. ID-079; Ex. IA-068; Ex. AK-093; Ex. AK-094; Ex. MET-DET-046; Ex. NE-109; Ex. MET-MSY-080; Ex. MET-ATL-056; Ex. MET-ATL-065).⁷⁶ The district exhibits that are the districts' own announcements of those decisions (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-012 through Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-018, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-045, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-046, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-048, Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-050 and Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-051) are cited as the record of the decisions they report and not as orders; the instruments relied on as orders are the boards' resolutions, policies and mandates that are themselves exhibits (Chicago's, Los Angeles Unified's, Houston's and New York City's) and the State and county orders under which each district closed and reopened, cited in the tables on this page.

The territories

Puerto Rico closed its schools by curfew and lockdown from March 15, 2020 and authorized their reopening under conditions from March 1, 2021; the Commonwealth of the Northern Mariana Islands closed all private schools by Directive 15 on March 27, 2020; Guam suspended in-person learning on August 27, 2021 and authorized its resumption on September 16, 2021; American Samoa authorized vaccination as a condition of K-12 attendance from April 15, 2021; and Q&A-4 of Notice 2021-20 (the "Notice") and section 3121(e)(2) of the Code place territorial employers within the credit (Ex. AGY-TERRITORIES-022; Ex. AGY-TERRITORIES-134; Ex. AGY-TERRITORIES-112; Ex. AGY-TERRITORIES-113; Ex. AGY-TERRITORIES-073; Ex. AGY-TERRITORIES-105; Ex. AGY-TERRITORIES-106).⁷⁷

The counterparties

Families, districts, carriers, landlords and payers

The orders that reached the industry's families were the stay-at-home, telework and workplace orders of every State and metro and the federal paid-leave mandate whose qualifying reasons included the closure of a child's school or place of care; the orders that reached the districts that contract for the industry's services were the closure, virtual-instruction and reopening orders above, which suspended every bus route, every cafeteria contract and every after-school program inside a closed building; the orders that reached the carriers were the conveyance order and the transit agencies' service reductions and face-covering rules; the orders that reached the landlords and host churches of the preschools that operate in church buildings were the worship-gathering caps of every State, cited here by category; and the orders that reached the payers were the Head Start, child care and child nutrition instruments of the federal layer.⁷⁸

The ecosystem

The mechanisms

Six mechanisms carried the orders to this industry, each an order in its own right. Supply chain and borders: the entry proclamations, the suspension of consular services, the Student and Exchange Visitor Program's terms, the land-border notices and the Title 42 orders fixed which students could arrive and which could stay (Ex. FED-200; Ex. FED-201; Ex. FED-207; Ex. FED-208; Ex. FED-232; Ex. FED-233; Ex. FED-037; Ex. FED-038; Ex. FED-042; Ex. SEC-15-004; Ex. SEC-15-005). Workforce, schools and child care: the closure orders on the workforce's own children, the paid-leave mandate, the quarantine standing orders and the eviction moratoria (Ex. FED-170; Ex. FED-171; Ex. FED-025; Ex. FED-026; Ex. MET-SAN-024; Ex. MET-STL-067). Travel, tourism and gatherings: the interstate quarantines, Hawaii's Safe Travels regime and the gathering caps that governed every graduation, game, performance and campus event (Ex. SEC-15-062; Ex. MN-032; Ex. DC-080). The organizers' notices of the conventions, conferences, competitions, testing dates, camps, ceremonies and recurring gatherings of this industry that those orders disrupted are catalogued in the Library with the venue jurisdictions' instruments and the organizers' stated actions. Courts and public offices: the judicial emergency orders and courthouse face-covering orders under which every school's licensing, employment, contract and face-covering disputes proceeded (Ex. MET-DFW-095; Ex. MET-HOU-052; Ex. MET-DEN-058; Ex. MET-LAS-019; Ex. MET-MSP-064). Transit: the conveyance order and the transit agencies' reductions and rules (Ex. FED-020; Ex. ECO-B-097; Ex. ECO-B-098; Ex. ECO-B-099; Ex. ECO-B-027; Ex. MET-BAL-105; Ex. MET-BAL-107; Ex. MET-DFW-094). Health care as counterparty: the health care worker vaccination orders of July through September 2021 that governed the school nurses, campus health centers and therapy providers under contract to schools, and the Healthcare Emergency Temporary Standard (Ex. ECO-B-083; Ex. ECO-B-084; Ex. ECO-B-030; Ex. ECO-B-055; Ex. MET-LA-023; Ex. MET-PHL-021; Ex. FED-080; Ex. FED-081). The Federal Reserve's Beige Book of September 8, 2021 reported child care availability as a constraint on labor supply in the central bank's own words.⁷⁹ Foreign orders, including the national closures that kept international students in their home countries and the consular closures abroad, are facts and circumstances cited by category.

The standing duties

Beneath the emergency orders lay a layer that bound every employer in every State throughout the six quarters whether or not any order named it: the standing statutes that commanded every person to prevent and control communicable disease and every employer to furnish a safe and healthful workplace, the offenses that punished disobedience of health and emergency orders, and, where one was enacted, the liability shield that protected only a complying business. Each is an order from an appropriate governmental authority on the Suspension Clause's own terms: a statute or rule that commands conduct is an order, and a legislature, a health department and a labor or occupational-safety agency are each such an authority.⁸⁰ The eight principal States follow; the fifty-one-jurisdiction table is on the standing duties page.

The first layer is the orders' own operating conditions, and the verbs are commands. Pennsylvania authorized in-person operation "provided that the businesses fully comply with all substantive aspects of" the Secretary of Health's safety orders and "all existing and future applicable guidance," and the incorporated Worker Safety Order of April 15, 2020 provided that every such business "shall implement, as applicable, the following social distancing, mitigation, and cleaning protocols" (Ex. PA-010; Ex. PA-011). Texas ordered that "schools shall temporarily close" and, by GA-28 of June 26, 2020, that "Every business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy of the establishment"; the protocols it incorporated with "should" are recorded as recommendations (Ex. TX-003). Colorado ordered that every public and private school "shall suspend normal in-person instruction" and that "All employers must implement the face covering requirements" (Ex. SEC-15-076; Ex. CO-020; Ex. CO-041). Ohio ordered that all students, faculty and staff in any child care setting or school building "shall wear facial coverings at all times" indoors, subject to its stated exceptions (Ex. SEC-15-069; Ex. OH-025). Michigan ordered that every business permitted to operate "must, at a minimum" develop a preparedness and response plan (Ex. SEC-15-051). Florida reopened establishments "so long as" they kept the capacity and distancing conditions of Executive Orders 20-123 and 20-139. Washington provided in Proclamation 20-25.6 of July 7, 2020 that "No employer may operate ... unless the employer ... complies with all public health authority orders and directives" and in Proclamation 20-09.4 that no K-12 school may operate outside the Department of Health's requirements (Ex. WA-075). California reopened on May 7, 2020 only on the condition that Californians "must, when they do so, continue at all times to practice physical distancing" and made its schools guidance binding (Ex. SEC-15-053; Ex. CA-036).⁸¹ In each State a measure the Internal Revenue Service (the "Service") calls "beyond the order" was the order's own operating condition.

The second layer is standing law that commanded the same conduct independently of any order. Texas states the duty in section 81.002 of the Health and Safety Code (Ex. DUT-TX-001): "The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease." Control measures "may be imposed on an individual, animal, place, or object" (§ 81.082, Ex. DUT-TX-002); knowing refusal is a Class B misdemeanor, and disobedience of a published area-quarantine order a third-degree felony (§§ 81.087, 81.085(h), Ex. DUT-TX-006; Ex. DUT-TX-005); violation of an emergency order carries a fine to $1,000 and confinement to 180 days (Gov't Code § 418.173, Ex. DUT-TX-012); and "Each employer shall" provide "a place of employment that is reasonably safe and healthful for employees," use "methods of sanitation and hygiene" and "take all other actions reasonably necessary to make the employment and place of employment safe" (Lab. Code § 411.103, Ex. DUT-TX-013). Pennsylvania's General Safety Law requires that "All establishments shall be so constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection for the life, limb, health, safety, and morals of all persons employed therein" (Ex. DUT-PA-006); Washington's rule of May 26, 2020 provided that "Employers must comply with all conditions for operation required by emergency proclamation" (Ex. AGY-ST-LABOR-WORKPLACE-078); each of the eight punishes disobedience of a health or emergency order as an offense (Ex. DUT-PA-007; Ex. DUT-FL-001; Ex. DUT-FL-008; Ex. DUT-CO-003; Ex. DUT-CA-003; Ex. DUT-CA-007; Ex. DUT-MI-003; Ex. DUT-MI-010; Ex. DUT-OH-004; Ex. DUT-OH-007; Ex. DUT-WA-002; Ex. DUT-WA-007; Ex. LAW-340); and six state the employer's safe-workplace duty in their own codes, with COVID-19 workplace rules in California and Michigan (Ex. DUT-CA-009; Ex. DUT-MI-013; Ex. DUT-OH-013; Ex. DUT-WA-010). Over all of them stood section 5(a)(1) of the Occupational Safety and Health Act, which alone supplies the duty in Colorado and Florida: "Each employer ... shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees" (29 U.S.C. § 654(a)(1), Ex. DUT-FED-001), enforced by citation from September 10, 2020 (Ex. LAW-487; Ex. DUT-FED-073).⁸²

The third layer is the liability shields, whose condition is compliance. Texas protects a business unless the claimant proves it "knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease" (Civ. Prac. & Rem. Code § 148.003(a)(1)(B), Ex. DUT-TX-015; Ex. DUT-TX-014). Florida immunizes only a defendant that "made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance" (Ex. DUT-FL-012). Michigan immunizes an employer only "if the employer was operating in compliance with all federal, state, and local statutes, rules, and regulations, executive orders, and agency orders related to COVID-19" (Ex. DUT-MI-015). Ohio's shield has no compliance clause and provides that a government order or guideline "shall neither create nor be construed as creating a duty of care," so its compulsion lies in its health and safe-place statutes and the orders' conditions, not in the shield (Ex. DUT-OH-020). Pennsylvania, Colorado, California and Washington enacted none; California presumes negligence from violation of a statute or regulation, and Washington treats breach of a statute or rule as evidence of negligence (Ex. DUT-CA-013; Ex. DUT-WA-013).⁸³ In all eight, compliance with the governmental health standards was what a school or a child care center owed, and an employer that screened, cohorted, distanced, sanitized and masked in that environment was not choosing; it was complying.