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Hoffman: Plan to reopen schools complicated, confusing

Arizona Department of Education Superintendent Kathy Hoffman speaks the latest Arizona coronavirus update during a news conference Thursday, July 23, 2020, in Phoenix. (AP Photo/Matt York, Pool)
Arizona Department of Education Superintendent Kathy Hoffman speaks the latest Arizona coronavirus update during a news conference Thursday, July 23, 2020, in Phoenix. (AP Photo/Matt York, Pool)

The plan to return children to the classroom is complicated, difficult to explain and may be leaving the public confused, state Superintendent of Public Instruction Kathy Hoffman conceded. 

In an interview July 29, Hoffman said she has been reflecting on the way the July 23 announcement to follow a data-driven guide to reopening schools has led to a lot of immediate confusion from teachers and the general public. 

She said they may have been accustomed to having a firm date for reopening and expecting that again. 

Hoffman told Arizona Capitol Times the plan is long term and complicated and includes school funding, teacher pay and metrics, and is intended to stabilize the field. 

“It was very challenging to communicate those nuances in a way that was understandable,” she said.

Hoffman said that over the roughly two-week process it took to make this science-based decision, the Department of Health Services wasn’t completely sold on the idea originally. 

She wouldn’t say if Gov. Doug Ducey agreed with the plan from the start, but a July 21 written statement in which she called for a data-driven plan left the impression that she was at odds with Ducey. 

Hoffman said the reason she posted that statement for her followers to see was to be transparent and make sure the public knew what she was advocating. She also said Ducey’s office was not surprised by the contents of her letter. 

“I think there was some surprise at the interpretation of what the statement meant. There was some reading between the lines … interpretation that we were not on the same page or not working together,” Hoffman said, adding that was not accurate. “That statement kind of had a bit of an unintended consequence, and causing people to think that we were not working together.”

She wouldn’t elaborate on what exactly people misinterpreted. 

“The closer we got to the (July 23) press conference, the more back and forth there is in terms of ideas and language, and so I think at that point we were still working on these drafts of the different pieces of the executive order,” Hoffman said.

She said when the conversation about metrics began, no states were using them to open schools for in-person instruction. New York Gov. Andrew Cuomo was the first to unveil such a plan and on July 13 announced a 5% positivity rate as the benchmark for reopening.

“The way DHS explained it to us is sometimes the data doesn’t tell the whole story,” Hoffman said. “There could be a county that looks like they’re having a major spike, but that could be a more isolated outbreak.”

The health department, however, was using similar metrics to determine when it was safe to reopen the state’s economy in May. As soon as the state reached White House criteria for Phase One, Ducey and Cara Christ, the state health director, hit the green light. But for schools, something was apparently different. 

Hoffman said during the July 23 press briefing that “it’s not reasonable to set a date” because it would mean having to make similar announcements every time you reach the new date if things weren’t ready to open up yet. 

But why the announcement for metrics came without any metrics is still unclear. 

Daniel Scarpinato, Ducey’s chief of staff, said it had to do with transparency and not rushing the entire process.

“We felt that it was important to let the community know this is what we’re working on, here’s the timeline, and here’s the plan,” he said. “And it also gives people the opportunity to weigh in and be part of the process.”

Scarpinato said it was important to set the deadline to prove information would come before schools would begin to reopen. 

“We’d rather err on the side of being thoughtful than rushing to get something out,” he said.

Christ told the Capitol Times DHS is still on track to meet the deadline and they are expected to have more information by July 31, but would not share what information to expect.  

“It will be a combination of different metrics,” she said. “It will be data points that people have become very familiar with.”

Those data points involve a percent positivity rate of COVID-19 tests typically below 10 (maybe as low as 5), a possible downward trajectory and even quicker turnaround time for test results. Hoffman mentioned similar metrics in her public statement, without providing figures. 

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Court to hear arguments on Ducey’s order to close gyms

Wooden gavel

A judge has agreed to hear arguments by gyms that Gov. Doug Ducey has essentially moved the goalposts in what they need to do to reopen.

Maricopa County Superior Court Judge Timothy Thomason on Monday refused to immediately overturn his earlier ruling upholding the governor’s authority to order gyms and fitness centers to close back up. The judge said that Ducey has wide latitude in how he can deal with the COVID-19 pandemic.

But Thomason acknowledged that when he issued his first ruling three weeks ago, the governor’s attorney had represented there would be a set of protocols in place by now and that any of the facilities that could meet those standards would be allowed to reopen.

The Department of Health Services did, in fact, release those standards last week. But Ducey said the gyms and fitness centers still have to remain closed for another two weeks — if not longer.

Joel Sannes, attorney for Mountainside Fitness, said his client is ready to meet those standards and reopen. But now, he said, that’s not an option despite what the governor had promised.

“This fits the definition of arbitrary,” he told Thomason.

And Robert Zelms, who represents EoS Fitness, pointed out that Ducey’s decision to shutter gyms and fitness centers came at the same time the governor decided that bars are not safe.

“Only the state of Arizona … equates gyms to bars,” he said, saying California closed down restaurants before they closed gyms.

“My clients has implemented the highest and most stringent safety protocols they can possibly have for any type of indoor large facility,” Zelms said.

He specifically noted that the state already is taking steps to allow schools to reopen, evaluating the safety measures they are taking, like limited capacity and physical distancing. Yet gyms remain totally off limits, no matter what they can show they are doing.

And that, he told the judge, makes the process for gyms to follow to reopen “illusory.”

Thomason said he wants to hear more from both sides Aug. 3.

On one hand, the judge said, the governor is getting input from health professionals telling him to keep these facilities closed.

“The question is, does that satisfy ‘rational basis,’ ” the standard to determine whether Ducey’s actions are legally justifiable, Thomason said.

Central to the debate are the rights of fitness centers and gyms.

When Ducey issued his closure order in June for a month, he did leave room for extending it.

But that order also set up a procedure for them to reopen, requiring them to complete and submit a form, crafted by the health department “that attests the entity is in compliance with guidance issued by Arizona Department of Health Services related to COVID-19 business operations.”

That was issued late last week. But now it’s being called a “draft” document. And there is no process for the gyms to attest they are now operating in a safe fashion as Ducey simply extended the closure order for another two weeks.

On Monday, Brett Johnson, the private attorney hired by the governor, told the judge that the process outlined by the governor for reviewing the actions gyms and fitness centers have taken comes into play only after health officials decide that reopening them is appropriate.

In the interim, he said, the affected facilities get to review the draft standards and comment on them.

The problem with all that, said Sannes, is that fitness centers and gyms remain closed — all without the chance to appeal the governor’s edict. That, he told Thomason, makes him the legal remedy to ensure that the due process rights of gyms and fitness centers is being observed.

“There isn’t any other remedy available,” Sannes said.

“What is the governor’s rational basis for saying that fitness centers that will attest to their protocols cannot open because they are not safe?” he asked. And Sannes said there is nothing in the record from the governor saying that the standards do not protect public health.

“The governor simply can’t articulate a rational basis for saying that his own protocols are not safe,” he said.

Johnson disagreed, saying it’s a question of balancing the public good to protect health with the interests of the fitness centers.

“No one here that I’ve heard has disagreed that it’s a legitimate government interest to avoid death,” he told the judge. And Johnson said Ducey is being guided by not just federal recommendations but “the top medical minds in the state of Arizona that say, ‘Governor, this is what you need to do.”

On the other side, he said, are legal arguments.

“I haven’t seen anything, other than from a lawyer, that the governor is somehow acting irrationally or arbitrarily in his decision to follow the recommendations,” Johnson said.

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Ducey order requires return to classrooms based on data

kids in class

After mounting pressure from the state’s schools chief and other education leaders, Gov. Doug Ducey announced plans today to implement a data-driven approach to reopening schools for in-person learning.

At his press briefing, Ducey followed through on demands from Superintendent of Public Instruction Kathy Hoffman to do away with a hard date to bring back in-person learning to Arizona classrooms, and instead use metrics to determine when it is safe to do so. Ducey also announced a statewide mandate for K-12 students to wear a mask when in-person learning resumes. The same rules will apply as any other mask mandate issued in the state.

The new executive order did not say what those metrics will be, but the Arizona Department of Health Services will come up with numbers no later than August 7. Ducey made the announcement with Hoffman by his side, their first joint public appearance in months in what used to be a common occurrence near the beginning of the COVID-19 pandemic.

Kathy Hoffman
Kathy Hoffman

In May, Ducey announced that schools were on track to reopen as planned, but a month later he pushed the in-person start date to August 17. That date he consistently called “aspirational,” and Hoffman had no faith it was a realistic date.

Now, there is no specific start date for schools to begin in-person learning. Those dates will be set at the local level, by school governing boards, but distance learning can still begin in tune with each school’s academic calendar. So if a school would normally begin on August 10, distance learning can still begin on that day.

But if a school meets the state’s eventual criteria to reopen before August 17 and the school’s academic calendar would normally begin before then, in-person learning would be possible.

Doug Ducey
Doug Ducey

The Department of Health Services will help map out specific benchmarks for counties to implement safe reopenings for their respective schools. However, this order does not change districts’ plans to open up for children in need, for example, children whose parents need to drop them off so they can go to work, or those who don’t have access to computers for distance learning.

The executive order provides more clarity for schools to open safely for those kids rather than just drop off the children and hope for the best. Schools can enforce social distancing in these situations and find other places for kids to go, like community partners, YMCA or the Boys and Girls Club, places they can go to access distance learning and special education. Schools cannot all be closed 100%.

“Each school district and charter school shall begin offering free on-site learning opportunities and support services for students who need a place to go during the day,” which will begin on August 17, the order says. This will include services like student supervision and strategic support for students in need during standard school hours, which may include teacher-led or

paraprofessional support for students with distance learning instruction.

And each district or charter will set procedures to ensure not to exceed the maximum number of students that can safely physically distance themselves.

When schools do reopen, they must post the distance learning plan on the district or charter’s website for parents to see.

Hoffman and Ducey have been in close communications to come to an agreement and apparently the final decision happened in the eleventh hour, something that has been quite common with Ducey’s announcements of late.

Earlier in the week, Hoffman put Ducey on blast, tweeting out a letter calling on the governor to “use public health data to determine reopening metrics” and “guarantee full funding for distance learning to ensure comprehensive, high-quality teaching and learning opportunities and critical student services.”

It was the first time she pressured the governor in public throughout the pandemic, alluding to the possibility Ducey was not going to listen. But he did.

“We’ll listen to any good ideas,” said Daniel Scarpinato, Ducey’s chief of staff. “We’ve got a great working relationship with the superintendent and her office.”

Arizona deserves better than Ducey, McSally, Trump in this crisis

A

We love Arizona. Even the heat and the traffic – all of it. It is our home, our people and our families are here, and we have built political power in our community for more than a decade. That’s why it’s tearing us apart watching our state become the number one hotspot for COVID-19 cases in the world, with Black, indigenous, Latino, and low-income communities hit the hardest by this deadly virus. Now, nearly six months into the pandemic, with government rental assistance programs failing, and the end to the federal unemployment stimulus on July 25th, we are outraged to see our state and federal government flounder aimlessly from one hashtag to another without a clear plan to take care of our people.

Alejandra Gomez
Alejandra Gomez

Arizona desperately needs leadership, decisive action, and to listen to the voices of the community who are living this nightmare every single day. When COVID-19 started to become real in the United States and the majority party in the state Legislature spent sickening amounts of time trying to downplay the virus and even calling it a hoax, we stepped up and called for a comprehensive People’s Bailout that would have addressed many of the housing, unemployment, and healthcare disasters we are seeing play out in real time in our neighborhoods. When legislators forced votes on many of these issues in March, including $40 million for rental assistance, $10 million for food banks, and providing paid family and medical leave to those impacted by COVID-19, we watched with dismay as each was shot down on party lines. And in the U.S. Senate, the leadership vacuum is just as large. As the COVID-19 crisis only gets worse by the day, we have watched Senator Martha McSally let President Trump do the talking instead of stepping up with a clear plan to help her constituents.

Tomas Robles
Tomas Robles

With the Legislature adjourned sine die and no special session forthcoming, Gov. Doug Ducey is left as the chief policy maker in Arizona. As we write this, the Governor is sitting on tens of millions of dollars of taxpayer money that the Legislature appropriated in March. Right now, he has the power to appropriate more money for rental assistance and a boost to unemployment payments. Time and time again, he has shown his disconnect from reality, with his interest in pleasing President Trump and providing political cover to McSally greater than taking care of Arizona. When we extended an invitation in April for the governor to hear directly from our members most impacted by COVID, we received no response. No wonder his approval numbers for his handling of the pandemic are the lowest of any governor in the nation.

Arizona has a cascade of crises careening towards us, and Ducey is more interested in pretty words than real action on behalf of our families, while McSally is content to sit on the sidelines and watch Arizonans fall ill, face eviction, and record joblessness. Thousands of Arizona families are unable to pay basic bills like rent, food and utilities. Ducey is still sitting on tens of millions of dollars in aid appropriated by the Legislature for just this moment. McSally has failed to lead and allowed the HEROES Act, which would provide desperately needed relief and economic stimulus, to sit on a shelf collecting dust for more than two months. This is our State leadership, Arizona? It didn’t have to be this way in the state we love and have fought so hard for time and time again. The time to act aggressively, substantively, and with the urgency that meets the issues at hand is now. LUCHA stands ready to work in a real, concrete way on policy that centers those most impacted and meets the moment. Until then, it has become all too clear that the governor’s press conferences and McSally’s Twitter account will continue to be all talk and no action on behalf of the people they are supposed to serve.

Alejandra Gomez and Tomás Robles, Jr., are co-executive directors of LUCHA.

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Black lives do matter

Dear Editor:

When are Governor Ducey and local papers going to forcefully state Black Lives Matter? It seems like any strong support or comments that would benefit the Black community are not front page news.  Why, because a majority of Caucasians are clueless with regards to the humiliation or offenses perpetrated against men, women, and children of color in Arizona.  White folks often make comments that people of color should be more polite or submissive when they are being harassed, vilified, or physically abused. How about putting yourself in their shoes on a daily basis? The finger pointing and accusations need to stop.  Instead, respect, understanding, empathy, and education need to be front and center.

Joan Rose

Scottsdale

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