West Virginia may be changing its color-coded system for reopening schools again so every county in the orange will not have to switch to remote learning, Gov. Jim Justice announced Monday.
West Virginia is using a color-coded system based on new coronavirus cases per capita to determine which restrictions each county will have on schools. Green is the least restrictive and restrictions increase progressively when a county enters yellow, orange and red.
At the beginning of the school year, counties in the orange, which was classified as any county that had between 10 and 24 cases per day, could not begin the school year until they reached yellow (fewer than 10 cases per day). If they began the year in yellow or green, but moved to orange during the school year, they would be allowed to continue in-person schooling with stricter face-mask mandates and a ban on assemblies and large group activities.
Justice announced Friday all counties that move into orange during the school year will have to cease in-person instruction, which previously had been required only for counties that reached red, which is 25 or more cases. On Monday, the governor maintained that requirement but said he is considering the addition of a new color in between yellow and orange, which likely would be gold, so counties on the lower end of the orange category could continue in-person instruction with heavier restrictions.
During a news conference, Justice said the 10- to 24-case-per-day category was too broad and that a county on the lower end should not be treated the same as a county on the higher end. He said he will not put children in an unsafe situation by tweaking the category, but he would be making the categorization system better. The announcement came as some counties were starting to see an uptick in new daily cases.
Justice said he will be meeting with members of his staff, health experts and members of the West Virginia Department of Education before making a decision. He said his decision will be based on what he and his advisers believe is the best for West Virginians, and he will not be pressured into a decision from outside groups he does not think is the best for the state.
Although most schools are complying with Justice’s mandate, he said one school in Kanawha County, which is in the orange, began in-school instruction in violation of the state guidelines: the Bible Center School. The governor said school officials know they are breaking the law and his administration has been in contact with them. He said he will try to persuade them to halt in-person classes before he forces them to do so. If he has to use his authority as governor to enforce the law, he said he will, but he hopes to bring them into compliance without causing a scene.
“Kanawha County is having all kinds of issues,” Justice said. “While as respectful I am in every way … to our religious beliefs, to our children, in every way you cannot find someone who stands in your corner more than I [do]. But this, we know, exposes us.”
The school defended its decision in a statement to WCHS-TV:
“While the decision to offer in-person education for our students and parents differs from Kanawha County public schools’ decision otherwise, BCS believes that its approach strikes a balance between the needs of today and beyond.”
Justice said he will need more guidance before making a decision on how to handle the situation to ensure he is not violating the school’s right to religious freedom.
