Limits on State Power
It’s up to local officials to open public school districts for in-person instruction, explained Ryan Nilsestuen, chief legal counsel to the governor, to the State Disaster Medical Advisory Committee (SDMAC) at its meeting on January 21.
The SDMAC committee is a standing group of 12 members who advise the Wisconsin Department of Health Services (DHS) Secretary regarding medical ethics during a disaster or public health emergency. They advise about the equitable and fair delivery of medical services to those who need them under resource-constrained conditions.
“We’re a local control state for education. These are decisions that local school boards can make. It’s not an authority that the governor can order schools to open, close. The Department of Public Instruction doesn’t have that authority,” Nilsestuen said. “Secretary of Health Services can close schools as a result of a pandemic, but cannot order them to open.”
During its recent meeting, the committee agreed to give teachers a priority in receiving vaccines in phase two of the state’s vaccine delivery process.The DHS has to approve that recommendation. You can get information about the state’s vaccine roll-out plans here.
In the meantime, private schools should contact their county or city health department to request getting their staff access to vaccines.
