BELLE — Local school officials may be on their own when trying to determine the best way to handle the COVID-19 pandemic on district campuses.

A Cole County court ruling in November determined that health departments cannot decide who to quarantine and who may stay in classes. Instead, that determination falls to local, elected officials and boards.

Simply put, local health departments do not have the authority after Dec. 22 to decide who stays in school and who is excluded if students or staff are in contact with or test positive for COVID-19. Instead, local, elected officials must create a plan to move forward.

The ruling leaves school boards scrambling to gather information and create their own plans by the Dec. 22 deadline — which also coincides with Christmas break.

According to Maries R-2 Board President Joey Butler II, the issue has not yet been brought to their attention.

“We will investigate the pros and cons before we make any decisions,” Butler said Tuesday morning.

Superintendent Dr. Lenice Basham was unavailable for comment.

In neighboring school districts, Gasconade County R-2 parents received a letter from their superintendent around 4 p.m. on Dec. 2 informing them the guidelines of “how local health departments can issue health orders during the COVID-19 pandemic” are changing.

Superintendent Dr. Jeri Kay Hardy of the Gasconade County R-2 School District said on Dec. 6 that she doesn’t know yet where the ruling leaves the district.

“What this court case is saying is the health department does not have the authority to quarantine or isolate individuals anymore and we were operating under their authority,” Hardy said. “The decision has to be made by elected officials. The board of education has to make that decision because they are an elected body. They are trying to review all information right now to make a determination.”

Even though the ruling by Cole County Circuit Court Judge Daniel Green says that health departments can issue health orders until Dec. 22, the Franklin County Health Department has already stopped making recommendations to the Gasconade R-2 School District.

Hardy said the school district has “mitigating measures in place to help combat the spread of COVID-19” and urges parents and students to do the same.

“We will continue implementing our disinfecting protocols, encouraging physical distancing, and practicing good handwashing procedures,” she said. “You may continue practicing other mitigating measures such as covering your mouth as you cough and sneeze, masking, vaccinations, and staying home if you are ill.”

After the transition of power transfers to the local boards, Hardy said the notifications and letters that parents receive from the district about COVID-19 cases and close contacts will end.

“We are discontinuing sending district letters. It would almost be like a discipline at that point,” Hardy said, referring to how the board would have to outline actions and consequences to exclude students from attending class. “I don’t think we can share.”

Instead, building administrators will reach out to individuals about close contacts and positive cases in the vicinity. 

“Right now we are taking the same measures, just not with the letters because we are running a risk there,” Hardy said. “We don’t want people saying we are violating confidentiality now that it is not under the authority of the health departments.”

The district continues to operate under the same rules as it has over the past 22 months of the pandemic until the court ruling takes effect on Dec. 22, and the board of education at each district level takes control.

“So right now, any contacts of positive cases can use the test-to-stay option, just like we do with our infectious disease protocol,” Hardy said. “If they test positive, they go home. Close contacts have the option to test-to-stay or they go home. Parents will be notified of cases individually.”

Area school districts such as Union R-11 and Spring Bluff R-15 in Sullivan have already met.

“They met in open session and made a decision,” Hardy said. “You can look up and see what they have done. Washington met, but haven’t made a determination yet.”

The Gasconade R-2 board will meet on Dec. 20 to discuss a policy plan.

“What I understand from Union, they will no longer quarantine asymptomatic students and staff, just symptomatic,” Hardy said. “What they are doing with household contacts, if they are asymptomatic, they can attend school because we can’t keep them out.”

Hardy said she will pass the information along to the board and they will have to make a determination on Dec. 20, prior to the Dec. 22 deadline. Since students are released to go on Christmas break at the end of the school day on Dec. 22, whatever the board determines will not take effect until Jan. 5 when students return to school.

Currently, the district’s attorneys and insurance companies are filtering through the court case and ruling to determine what they can do.”

The interpretation of the court ruling and subsequent analysis by attorneys is ongoing to determine what the next steps should be.

“We are still in a pandemic,” Hardy said. “What I would like to see happen — because Missouri is operating differently than other states — it would be good to have one set of rules for districts to abide by. Local control is good, but a worldwide pandemic — I believe it would be great to have state-level guidance. That way it would give the health guidance necessary.”