PEPPER PIKE, Ohio -- The Orange Board of Education is considering a new policy requiring all district employees and board-approved volunteers who have not been fully vaccinated against COVID-19 to submit to weekly testing for the virus.
The policy was introduced to the school board at a special meeting Thursday (Oct. 21).
The policy, which would be effective for the 2021-22 school year, applies to employees and volunteers who have not been administered a vaccine that has been fully approved by the U.S. Food and Drug Administration (FDA). It would also include Orange Community Education and Recreation employees.
The board had first reading on a resolution to adopt the policy Thursday. It will vote on the resolution at its next regular meeting at 6 p.m. Monday (Oct. 25) at the Pepper Pike Learning Center.
The policy would be adopted to safeguard the health of students, staff, families and the community at large from COVID-19, which may be reduced by regular screening, testing and vaccinations, the policy states.
“This policy is also to support the board’s ongoing efforts to maintain in-person learning,” the policy continues. “As such, the superintendent may activate or deactivate this policy by notifying employees.”
“If every person is tested and vaccinated, that’s just one more strategy to combat the impact of COVID,” Superintendent Lynn Campbell told the board.
All employees who have not been fully vaccinated would be required to submit to weekly testing for COVID-19 on a schedule set by the district, within guidelines provided by the superintendent.
“The goal of this policy is, if you’re not vaccinated, we’d like you to test weekly,” Campbell said. “That sums it up.”
Unvaccinated employees who subsequently decide to receive a COVID-19 vaccination in lieu of testing must choose a fully FDA-approved vaccine, which currently is Pfizer.
Employees who received the Moderna or Johnson & Johnson vaccines would be required to submit to weekly testing for now, since those vaccines have yet to receive full FDA approval. But that requirement would end once those vaccines receive full FDA approval.
When the Educational Service Center of Northeast Ohio held a vaccination clinic for Orange Schools employees earlier this year, all employees received the Pfizer vaccine, according to Lou DeVincentis, the district’s director of communications.
Employees not participating in the required testing would be required to provide proof of vaccination to the district’s department of human resources.
Implementation of the policy would be dependent on the “reasonable availability of testing materials and services,” the policy indicates. This requirement and implementation may vary due to terms agreed upon via collective bargaining with the district’s unions.
“We take for granted right now the availability of programs and (COVID-19) test kits,” Campbell said. “That could impact our ability to implement.
“But as of now, we can activate the policy as long as we have ample testing.”
All employee vaccine information would be treated as confidential and maintained in the human resources department.
Campbell said 80 percent of district employees have been vaccinated against COVID-19 -- well above the average rate in Cuyahoga County. He added that figure increases to 90 percent among teachers and classroom staff.
“So we’re in very good shape, but we want to go to the next level with safety and security of our kids and the community at large by testing,” he said.
Board member has concerns
Campbell said he had the district’s legal counsel review the policy before submitting it to the school board for consideration.
Nonetheless, board member Jeffrey Leikin, a lawyer, expressed some concerns about the policy.
“I don’t know that I’ll vote in favor of this,” he said. “Although I’m obviously for vaccination and I’m for the testing, I’m not sure this meets the requirements of House Bill 244.”
House Bill 244, which became effective in Ohio Oct. 13, prohibits requiring an individual to receive a vaccine for which the FDA has not granted full approval. It also prohibits discrimination against unvaccinated individuals.
“I know our legal counsel said that (the policy would be consistent with state laws), but I’m just not sure,” Leikin said.
“When we’re giving ourselves the power to mandate the vaccinations, I don’t know that the liabilities and the risks of doing that outweigh the benefits we’re going to gain with new employees. And I’m still mulling it over in my mind.
“But I want everybody to know that I have some concerns in that regard, whether or not we even have the authority to do that.”
Campbell re-emphasized that the real goal of the policy is to require testing. He said the stipulations of House Bill 244 are “not really the focus” of it.
“It’s more of a footnote; it’s something we’d explore through the HR process,” he said. “But you make a good point, Jeff.”
Board President Rebecca Boyle said it’s her understanding that the policy applies to current employees of the district, not future employees.
“The policy is an employee COVID testing policy,” she said. “If it’s talking about future employees’ vaccination, I don’t think it should be part of this policy.”
Campbell said he would be comfortable removing any such references from the policy.
“Right now, we’re focusing on current employees for testing,” he said.
Board member Beth Wilson-Fish said she likes that “this is becoming a part of the culture of who we are and our school district, protecting others by seeking these testing kits right now.”
“We want to protect everybody -- our parents want to, our teachers want to, our bus drivers,” she said. “I appreciate that piece and us being able to offer that.”
Campbell said employees who have been fully vaccinated can participate in the weekly testing, even though it applies primarily to those who have not been vaccinated.
“I plan on participating,” he said. “I have a special-needs son at home who is non-ambulatory and non-verbal, so I’ll definitely participate.”
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