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Ex. DE-044 Order Primary source read

Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention)

DHSS Emergency Secretary's Order: universal mask use in K-12 schools; masks in State congregate settings (repealing and replacing the Aug. 12, 2021 order)

Molly K. Magarik, Secretary, Department of Health and Social Services · Delaware (Sector regulator)

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The COVID Project

The record

Jurisdiction
Delaware
Level
Sector regulator
Authority
16 Del. C. §§ 122(3)(a), 128; 29 Del. C. § 10119 (emergency regulations)
Issued
2021-08-13 Aug. 13, 2021
Effective
2021-08-16 (120 days) (read as 2021-08-16)
End
2021-12-13 (renewable once for 60 days; renewed Dec. 14, 2021, Public Archives) (read as 2021-12-13)
In force
Aug. 16, 2021 to Dec. 13, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child care
Addressees
  • all schools serving students kindergarten through twelfth grade (public, charter, private, parochial)
  • students, faculty, staff, visitors
  • authorities of the State (congregate settings)
Functions reached
  • IN in-person instruction under universal masking for the 2021-22 year
  • WF workforce with school-age children
  • OF/CB State congregate settings masked
Collection
Delaware DE

Operative words

'7.7 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).' Reason: 'While 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's Order contained language that was inadvertently broad... [and] is hereby repealed in its entirety and replaced with this Emergency Order.'

Enforcement

16 Del. C. §§ 122, 128 (DHSS regulatory authority); 29 Del. C. § 10119

Notes

Q3 2021 State mask mandate re-imposed after the emergency's termination, under the Public Health Emergency; announced by the Governor Aug. 10, 2021 ('everyone 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').

Retrieval note

Read in full; published 25 Del. Reg. 246, 248 (Sept. 1, 2021). Matches bundled DE-12.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.