American Academy of Pediatrics Urges Schools to Open

The American Academy of Pediatrics (AAP) surprised everyone recently with guidance urging that all decisions for school this coming year “start with a goal of having students physically present in school.” The guidance recognized concerns about COVID-19, but cited “mounting evidence” that children and adolescents are less likely to be symptomatic and less likely to have severe problems from the virus. It also noted that “children may be less likely to become infected and to spread infection.” The AAP urges policymakers to balance mitigation efforts with “the known harms to children, adolescents, families, and the community by keeping children at home.”

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Reopening Schools, Fall 2020

Both the state of Georgia and the CDC have released guidance to help school authorities “determine their plans and strategies for reopening schools” in the fall, whatever of the status of the pandemic.  While neither document is binding, they will be important in establishing the standard of care for both independent and public schools.  The guidelines focus on the ability to open buildings and allow students to move freely, based on the degree of potential community spread. 

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An Anticipated Coronavirus Vaccine: How will Georgia Schools & Daycare Handle Vaccination Exemptions?

In anticipation of a vaccine for the COVID-19 this fall, it is a good time to revisit the vaccinations requirements in your State and determine if your institution/business will be obligated to require COVID-19 vaccination of your daycare or student population and/or possibly your staff/employees.  In review of Georgia law, vaccinations are required for all children entering school or attending a daycare center.  Georgia law allows two exceptions to vaccinations—medical necessity and religious objections.  In Georgia the laws allow private schools and daycare centers to accept the medical and/or religious exemptions, but do not require them to do so.  Additionally, with the infection rate of COVID-19 and the World pandemic of the virus, in Georgia protection of public safety is a legal reason for both public and private schools and daycare centers not to recognize such exemptions.

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Updated Guidelines for Georgia Childcare and Camping Programs

Georgia Governor Brian Kemp has issued two executive orders governing Georgia childcare and camping programs, dated May 21, 2020 and May 28, 2020. Together, the two orders extend the new rules through June 15, 2020, allow more children and staff in groups, and allow overnight camps beginning May 31. The highlights of the new rules are:

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Update on Georgia Childcare and Camping Programs

Governor Kemp has issued a new executive order (the Order) that extends the state’s social distancing and other protocols to mitigate spread of the coronavirus through May 31, 2020, changes some rules for childcare programs, and sets out specific rules for summer camps. The highlights of the new rules for childcare and camps are:

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Some Legal Considerations for Zoom and Teleconference Meetings

My colleague Mitzi Hill wrote an interesting post on Some Legal Considerations for Zoom and Teleconference Meetings. Of particular interest to those in the childcare arena is the reference to privacy and minors in the Privacy: Suitability for All Persons and Information section.

Waivers in the Time of Coronavirus

As Georgia businesses consider reopening or expanding after Gov. Kemp’s most recent executive order, many are considering liability waivers to have clients and/or customers sign. To date, no courts have reviewed any waivers specifically in light of COVID-19, but there are some general principles available.

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Reopening Youth Programs

Gov. Kemp’s most recent executive order (the “Order”) has specific rules for licensed child care facilities and general rules for other youth-serving organizations.  The order does not change many rules, but it does put all of them in one place.  If you are thinking about whether to open your program, these are the rules you will have to follow:

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Surviving A Shut-Down of Your Youth Program

City, county, and state quarantine orders are impacting many youth-serving organizations, and federal guidance is for those to continue through April. Georgia currently has more child care centers closed than open, and summer programs are trying to figure out what plans to make for the next few months. Here are some ideas that might help your organization survive so that shutting down is temporary rather than permanent.

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Shutdowns and Child Care Centers

In the last 24 hours, we have seen three shutdown orders, only two of which affect Georgia child care centers. Under Mayor Bottom’s order, Atlanta residents are confined to their homes, but the order specifically exempts child care centers as essential businesses.  The mayor of Savannah’s order exempts child care centers providing services to employees of other exempt businesses and has several restrictions.  

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