Attorney General: Students Have Right to Counsel Under Forced School Quarantines

Attorney General: Students Have Right to Counsel Under Forced School Quarantines

by | Dec 22, 2021 | Education, News

By Corinne Murdock |

Arizona law affords students forced to quarantine by their schools for COVID-19 the right to court-appointed counsel at the expense of the state, according to Attorney General Mark Brnovich. In an opinion issued last Friday, Brnovich responded to an inquiry from State Senator Kelly Townsend (R-Mesa) on the issue. 

The attorney general explained that schools relying on county health department quarantine or isolation protocol must also adhere to the requirement of counsel outlined in the same law: 

“The court shall appoint counsel at state expense to represent a person or group of persons who is subject to isolation or quarantine pursuant to this article and who is not otherwise represented by counsel,” reads the law. “Representation by appointed counsel continues throughout the duration of the isolation or quarantine of the person or group of persons.  The department or local health authority must provide adequate means of communication between the isolated or quarantined persons and their counsel.”

The law also stipulates that legal counsel must be acquired at state expense and last the duration of the isolation or quarantine. 

In reference to mandatory quarantines for students exposed to COVID-19, Brnovich referenced the authority cited by the Maricopa County Department of Public Health (MCDPH) in their letter to communities in August. The letter cited MCDPH authority for student quarantines came from a statute which, in turn, cited the two statutes outlined by Brnovich granting legal counsel. 

“When a county health department or public health services district is apprised that infectious or contagious disease exists within its jurisdiction, it shall immediately make an investigation.  If the investigation discloses that the disease does exist, the county health department or public health services district may adopt quarantine and sanitary measures consistent with department rules and sections 36-788 and 36-789 to prevent the spread of the disease.  The county health department or public health services district shall immediately notify the department of health services of the existence and nature of the disease and measures taken concerning it.”

Brnovich concluded that parents may seek a court order to lift the quarantine immediately, which would initiate the appointment of state-provided legal counsel to the student. A court would have 24 hours to hear the case, and 48 hours to submit its ruling. Counsel would also be available for parents petitioning to change quarantine conditions. In that case, a court would have 10 days to hold a hearing. 

“[U]nder MCDPH’s quarantine requirements, which appear to be issued pursuant to A.R.S. § 36-788, MCDPH, through public schools, is mandating student quarantines without a court order. Once a parent or guardian receives the MCDPH letter requiring quarantine, the parent or guardian is entitled […] to immediately seek a court order lifting the quarantine,” wrote Brnovich. “And once a parent or guardian requests court review, A.R.S. § 36-789(M) requires the court to appoint counsel for the student at state expense. Similarly, if a parent or guardian files an action on behalf of the student challenging the conditions of a quarantine, the court is required to appoint counsel for the student at state expense.”

The attorney general noted that Arizona law doesn’t necessarily define “state expense.” He opined that the cost of counsel could fall on county health departments.

That wasn’t Kelly’s only request for Brnovich’s legal opinion as of late. The state senator requested Brnovich’s opinion on religious tests and denial of religious exemptions by employers. 

An answer on Kelly’s latest question has yet to be published.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Peoria Unified School District Will Quarantine Asymptomatic, Unvaccinated Students – But Not Educators

Peoria Unified School District Will Quarantine Asymptomatic, Unvaccinated Students – But Not Educators

by | Aug 12, 2021 | Education, News

By Corinne Murdock |

One week into Peoria Unified School District’s (PUSD) school year, parents are already reporting that their students have been required to quarantine until they receive a negative test result – even if they’re not symptomatic or feeling sick in the slightest. Students are required to quarantine 10 days at most, 3 if they test negative for the virus. However, these rules don’t apply to everybody.

Only fully vaccinated individuals, “essential worker” educators that are asymptomatic, and those who’ve recovered from COVID-19 in the last three months aren’t required to quarantine. According to PUSD policy, the district will continue to quarantine all others exposed to COVID-19 at the discretion of Maricopa County Department of Public Health (MCDPH). If the county determines that there’s been an “outbreak,” they will require all students exposed to the infected student to be quarantined.

Educators may remain in school so long as they wear masks if they’ve been exposed and are asymptomatic – but unvaccinated, asymptomatic students who haven’t contracted COVID in the last three months must go home.

“Students, staff, and educators who are close contacts of someone who has COVID-19 and are not fully vaccinated (or have not tested positive for and recovered from COVID-19 in the prior 3 months) must quarantine away from others for up to 10 days following their last exposure per MCDPH. Importantly, per CDC, ADHS, and MCDPH, all close contacts who have been fully vaccinated (starting 2 weeks after the final COVID-19 vaccine dose) do not need to quarantine if they do not have any symptoms. In other words, if identified as a close contact, the need to quarantine depends on a person’s COVID-19 vaccination status and/or COVID-19 infection history. MCDPH recommends that close contacts be tested for COVID-19 3-5 days following their last exposure, regardless of vaccination status.

Close contacts who must quarantine need to be excluded from school and extracurricular activities during their quarantine period. The duration of quarantine is either 10 full days or 7 full days following their last exposure, as long as a COVID-19 test performed on day 6 or 7 is negative and the contact has no symptoms. If a staff member or an educator is determined to be a close contact who must quarantine and they are considered to be an essential worker (as designated by the school), they can continue to work during their quarantine period if they do not have any symptoms and wear a mask while working. Please see the Quarantine Guidance on the MCDPH website for more detailed information.” (original emphasis included and emphasis added)

Previous Arizona Superintendent of Public Instruction Diane Douglas told AZ Free News that quarantining healthy students is negatively impacting their education. Douglas referenced the stunted reading skills of younger children who’d done distance learning due to COVID-19.

“The parents I hear from, they’re not happy. They don’t want their kids quarantined, potentially without an illness,” said Douglas. “We’re taking very extreme responses to something I don’t think deserves such an extreme response and we’re not looking at the damage it’s doing to our children’s learning.”

Douglas relayed the story of one mother who’d confided that her son was forced to quarantine 6 times for COVID-19 exposure – altogether, he missed 2 months of school – but he never became sick.

The former superintendent asserted that this continued exercise of power has gone too far.

“Unfortunately, and this in my opinion, they’ve just pretty much been given free reign to do whatever they want to do – I think it’s the old saying, absolute power corrupts absolutely,” said Douglas.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.