COVID-19 in Arkansas’ Public Schools

COVID-19 hospitalizations in Arkansas hit a record high of 576 on October 11th.[1] The state reached 93,487 total cases, 7,839 total active cases, and 1,586 total deaths as of October 12th.[2] The state has reported that, of the current active cases, 742 are found in public schools.[3] With the rise in school cases and the recent passing of Atkins Superintendent Jody Jenkins, teachers have become increasingly concerned about safety within schools and the role of state legislation in preventing an increase in casualties.[4] While Governor Asa Hutchinson and Commissioner of Elementary and Secondary Education Johnny Key remain hopeful that Arkansas’ public schools will remain open and functioning until the semester ends, the legislation implemented at the state level is not sustainable. Rather than creating county-by-county guidelines, Arkansas’ legal response to COVID-19 within schools has negatively affected teachers and students because it is an overly general discretionary education policy approach. 

Current guidelines from the Arkansas Department of Education are unsatisfactory as they do not provide relief for schools facing the effects of growing COVID-19 cases and directly contradict the state’s education law. Governor Hutchinson first addressed the reopening of public schools in a briefing on August 5th, where he stated that “most schools must offer in-person instruction five days a week during the school year that starts later this [August],” citing the Arkansas Constitution requirement that the state offer adequate education.[5] At the time of this briefing, the CDC advised that a positivity rate above five percent should be a marker against reopening schools; 62 of 75 Arkansas counties exceed that rate.[6] Instead of creating unique guidelines for each of these counties to reopen safely and effectively, the state created policy suggestions to be applied to the entire state as a whole.

While the State Board of Education has the discretion to delegate certain responsibilities to individual school districts, Arkansas Code A.C.A. § 6-11-105 (7)(a) and (7)(b), passed by the General Assembly, require the State Board to take action to “promote the physical welfare of school children and the organization and efficiency of the public schools of the state.”[7] During this pandemic, the organization and efficiency of Arkansas’ public schools are in need of state support, as maintaining students’ physical welfare requires proper supplies and planning that will be unique to each district. Thus, the State Board, in partnership with Key, has a responsibility under the law to provide COVID assistance on a county-by-county basis, since each district will require an individualized plan for bringing students back to school. In spite of this law, an updated Commissioner’s Guidance for Schools Regarding COVID-19 Memo outlines various protocols such as attendance policy, face covering requirements, and large indoor venue plans, generalizing all mandates to the entire state.[8] While the memo gives individual school districts discretion to implement most rules for reopening schools on a local level, the Department of Education fails to provide state assistance and guidelines to counties based on their specific needs, such as positivity rates, internet access, and population size.

The state’s broad policy recommendations for resuming in-person instruction in schools has led to districts being unable to address the safety concerns of schools within certain counties. The Little Rock Education Association (LREA), a teachers union in Pulaski County, brought up these concerns in a press release on September 27th where they declared that Little Rock public schools were not safe and that the district’s plan for reopening is “not being strictly adhered to” throughout schools.[9] Along with highlighting the extra cleaning duties that custodians have had to take on without additional staff, the release reports that students who come into close contact with a positive COVID-19 case can return to school 48 hours after contact rather than after quarantining for 10-14 days. Students are also allowed to transfer from virtual to in-person learning during the year and no new ventilation or air purifiers are being installed.[10] As a result of the district and state’s decision to leave these unsafe conditions unaddressed, 69 Little Rock teachers did not show up for class on Monday, demanding more virtual options and safer conditions. These teachers, known as the #LR69, stood in support of the complaints outlined in the LREA press release but were met with criticism from the state. Governor Hutchinson condemned their stance, stating “it is difficult to understand the resistance to teaching in the classroom,” and Key called the #LR69 an “absurd, eleventh-hour scheme to create even more disruption.”[11] In the aftermath of the event, the #LR69 teachers were suspended without pay the same week that 3 high schools in Little Rock closed due to a spike in active COVID-19 cases, ironically accentuating the complaints of the LREA.

There is no doubt that there is a gap in policies enacted by the state and the reality of COVID-19 that needs to be addressed more adequately. Rather than deferring complete responsibility for establishing rules for reopening schools to districts, the State Board within the Department of Education should take additional steps to create specific guidelines for counties based on their positivity rates and population. While Key claims that “the [LREA’s] scheming will be soundly rejected by truly student-focused educators,” the closings of multiple schools across the state validate the concerns of educators in Little Rock.[12] Similar attitudes are reflected among teachers across the state as COVID-19 cases continue to climb. Little Rock, as a case study, showcases how the state’s failure to recognize Arkansas Code A.C.A. § 6-11-105 (7)(a) and (7)(b) as legal exceptions to school district discretion has led to insufficient COVID-19 relief resources and guidelines for each county. Facilitating policy guidelines on a county-by-county basis at the state level is not only required by Arkansas law, but can prevent the unfeasible opening and closing of public schools that burdens teachers, students, and staff.

[1]“COVID-19 Hospitalization Hit Record-High of 576,” AP NEWS, Associated Press, 11 Oct. 2020, apnews.com/article/virus-outbreak-arkansas-health-asa-hutchinson-archive-e47a80e7945efaa9e1d7e57507da0d67.

[2] “Arkansas COVID-19 Update,” Arkansas Department of Health, 12 Oct. 2020, www.healthy.arkansas.gov/programs-services/topics/novel-coronavirus.  

[3] Andrew DeMillo, “Little Rock Teachers Won't Show up for in-Person Classes,” Education Week, 28 Sept. 2020, www.edweek.org/ew/articles/2020/09/28/little-rock-teachers-wont-show-up_ap.html.

[4] KATV, “Atkins School District Superintendent Dies from COVID-19,” KATV, KATV, 29 Sept. 2020, katv.com/news/local/atkins-superintendent-dies-due-to-complications-from-covid-19.  

[5] Andy Davis, Dale Ellis, “State Says on-Site Schooling Required,” Arkansas Online, 6 Aug. 2020, www.arkansasonline.com/news/2020/aug/06/state-says-on-site-schooling-required/.

[6]Max Brantley, “How Bad Is COVID-19 in Arkansas? Bad. And Teachers Are Worried,” Arkansas Times, 9 Aug. 2020, arktimes.com/arkansas-blog/2020/08/09/how-bad-is-covid-19-in-arkansas-bad-and-teachers-are-worried.

[7] State of Arkansas, “Arkansas Code of 1987 Annotated Official Edition,” Code of Arkansas Public Access, accessed November 5, 2020.

[8] “ADE Commissioner's Memo,” ADE Commissioner's Memo, 2020, adecm.arkansas.gov/ViewApprovedMemo.aspx?id=4328. 

[9]Little Rock Education Association, “Press Release,” September 27, 2020.

[10] Little Rock Education Association, “Press Release.”

[11] Reese Oxner, “Many Arkansas Teachers Refuse In-Person Classes Amid COVID-19 Concerns,” KPBS Public Media, KPBS, 29 Sept. 2020, www.kpbs.org/news/2020/sep/28/many-arkansas-teachers-refuse-in-person-classes/.

[12]Oxner, “Many Arkansas Teachers.”