Will new Head Start rules on masks and COVID-19 vaccines trigger another Texas lawsuit? – The Dallas Morning News
December 14, 2021
Texas youngest students could once again be in the middle of a federal and state tug-of-war over vaccine and masking requirements.
Head Start, a federal program that works to get children ready for school by age 5, rolled out new rules in late November that require anyone older than 2 to wear a mask and all employees to be fully vaccinated by the end of January.
While the early childhood program is funded with federal money, many Texas-based programs are run by local school districts or community groups. Those running Head Start programs in the state are weighing the new federal rules against Gov. Greg Abbotts executive orders that prohibit mask mandates and vaccine requirements.
The new rule will have a broad impact on the nearly 280,000 staff and contractors who work for Head Start across the nation, including thousands in Texas. Nearly 21,000 workers are part of Head Start across Texas with almost 80,000 seats for eligible children.
Abbotts spokeswoman Renae Eze pointed to recent court injunctions against federal COVID-19 regulations as evidence that courts agree the Biden administration is overstepping their constitutional authority and attempting to trample Americans right to choose for themselves whether to get vaccinated.
Having spent his entire time in office fighting for the rights and freedoms of all Texans, the governor will not abandon Texans worried about putting food on the table, and our office is working with the Office of the Attorney General to continue that fight, Eze said. She did not clarify whether Abbott and Attorney General Ken Paxton plan to sue the federal government over the new Head Start rules.
Paxton did not respond to a request for comment.
The conflicting guidance and state orders could put Texas Head Start providers in a tricky position. Some are still deciding how to move forward.
In Plano, administrators are working with their legal counsel to determine how to implement the new federal requirements, said spokeswoman Rosemary Gladden. The district is in the process of working with employees to meet the Jan. 31 vaccination deadline.
Dallas ISD has continued to require universal masking on all its campuses, in defiance of Abbotts order. So the new Head Start rules wont make a difference in DISD-run centers when it comes to face coverings.
Elena Hill, who oversees early learning, said officials are taking time to work through the requirements.
The vaccination requirement is definitely whats going to be most in play, she said. We do encourage vaccinations here in the district, and we have provided incentives for staff to receive them -- but its not been mandated. Thats definitely the point that well have to just really discuss to see what type of impact that will have.
Duncanville ISD also continues to require masks when inside district facilities. Its Head Start management is working with teams to comply with the mandate, officials said.
Head Start aims to help children most in need of additional support to be prepared for school, such as those who are living in poverty. The public comment period on the federal rules for the program is open through December.
ChildCareGroup, a 120-year-old organization that operates Head Start programs across North Texas, sought legal advice on how the mandate applied to the organization, president and CEO Tori Mannes said.
Lawyers advised that the mandate did apply to ChildCareGroup, so to ensure the continuation of federal funding -- and to protect their students and staffs health -- the organization will be in full compliance with the new rules, she said.
We are educating and caring for children who are birth to 5, and they are too young to receive the vaccine, Mannes said. We think its important that our teachers and everyone who is around those children do everything that we can do to help ensure the safety of the young children we serve.
Exemptions to the federal rules are allowed for medical conditions or religious beliefs, but those with approved exceptions will have to comply with a weekly testing requirement.
The goal of these new regulations is to surround children with vaccinated adults to reduce the transmission of COVID-19 from staff to children and their families, Head Start officials said during a recent webinar.
We feel strongly and know that this will result in fewer closures at Head Start programs, reduced transmission would support fewer closers, which really create instability and stress for children and families, Kate Troy, an official with Head Start, said on the webinar.
The Head Start office plans to monitor the new vaccine and mask requirements in the same way it monitors other health and safety requirements included in its regulations, officials said. Individual programs must document vaccination status, including exemptions granted.
The Office of Head Start does not issue financial penalties for non-compliance but offers support and training to help programs meet guidelines, spokeswoman Lorri Crowley said.
In response to questions about state laws or orders that prohibit vaccine requirements, Head Start federal officials said the supremacy clause of the U.S. Constitution preempts any state law to the contrary.
Executive orders from Gov. Abbott and several lawsuits filed by Attorney General Paxton have challenged masking and vaccine protocols both from the federal government and local education systems.
After a federal judge issued an injunction on Abbotts ban on school mask mandates, judges with the U.S. 5th Circuit Court of Appeals halted the lower court ruling, putting Abbotts mandate back in effect at least temporarily.
Another one of Abbotts executive orders prohibits any entity in Texas from requiring COVID-19 vaccines.
In November, Paxton and several other states attorneys general sued the Biden administration to block a federal Occupational Safety and Health Administration rule that would have required companies with more than 100 employees from requiring workers to get coronavirus vaccines or get tested for COVID-19 each week. Judges with the 5th Circuit temporarily blocked the rule.
Since then, almost every single Republican state representative has backed legal arguments that urge a federal appeals court to strike down the workplace vaccine requirement.
But Head Start officials have said the injunction doesnt impact their own regulations, which are independent of the OSHA regulation.
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Will new Head Start rules on masks and COVID-19 vaccines trigger another Texas lawsuit? - The Dallas Morning News