CDPHE updates COVID-19 guidance making reporting cases in schools required
FALCON, Colo. (KRDO) -- In the wake of School District 49's COVID-19 reporting policy, the Colorado Department of Public Health and Environment tells 13 Investigates guidelines will be changed to require schools to report COVID-19 cases.
However, the Colorado Department of Public Health and Environment says the El Paso County school district is required by Colorado state law to do so.
"Per CCR 1009-1, schools performing testing must report all test results and all outbreaks; in addition persons in charge of schools (including school nursing staff) are required to report cases and outbreaks to public health when they have knowledge of a case or outbreak," said the Colorado Department of Public Health and Environment. "This applies to COVID-19 and all other reportable diseases/conditions. The statutory sanction for failure to comply with a public health statute, rule, or order is a misdemeanor, and authorizes fines and jail time."
A CDPHE spokesperson said they update their guidance to clarify that it is a regulatory requirement to report cases in addition to outbreaks. According to the state's current school guidelines for reopening during the pandemic, it says 'Schools and child care facilities are also encouraged to report single cases of which they become aware to their local public health agency, even if testing was performed elsewhere.'
BREAKING: Following #13Investigates reporting on @District49 refusal to report single COVID cases, @CDPHE have officially updated their guidelines to require schools to report them. The change now aligns with state law. Fully story tonight at 6 on @KRDONC13 pic.twitter.com/c2psLJCV3k
— Dan Beedie KRDO (@BeedieonTV) August 20, 2021
During a D49 school board meeting on August 12th, D49's Chief Educator Officer Peter Hilts told board members the district will not report single COVID-19 cases to El Paso County Public Health.
"We have taken the position that we are not reporting single cases," said Hilts during the board meeting last week. "I want to read from you the guidance from the El Paso County Health that says schools and child care facilities are also encouraged (not required) to report single cases of which they become aware."
El Paso County Public Health told 13 Investigates its guidelines are in line with the state's own guidelines.
Hilts goes onto say their reasoning for the decision not to report individual cases to El Paso County health is due to the fear that they will be forced to over-quarantine. However, school districts are permitted by the state and local health officials to set their own policies regarding quarantining for COVID-19 cases.
"We know that we over-quarantined last year, and we know that the disruption of the mitigation efforts turned out to have been more harmful than the disruption of the disease process itself," said Hilts. "So we are exercising local control, and we are making decisions that match our community's conditions, expectations, and preferences."
If school personnel perform and interpret rapid testing on-site, they are functioning as a clinical lab and are required to report all results.
District 49 said in a letter issued Thursday that "it is not the school's responsibility to take on the reporting responsibility of a testing lab or medical provider."
Despite the recommendation, CDPHE goes onto say in an email to 13 Investigates that “failure to appropriately report diseases is an unlawful act that could result in a misdemeanor charge, and is subject to fines and jail time.”
Gov. Jared Polis reiterated this sentiment during a Wednesday press conference when he was asked about D49’s COVID-19 reporting policy.
“Of course cases are reported to county health, need to be reported to county health that is the law. That is unambiguous.”
On Thursday, 13 Investigates asked Rachel Herlihy with the Colorado Department of Public Health and Environment if it is unlawful for Colorado school districts not to report individual COVID-19 cases or outbreaks to local health officials.
“Our state statute and our state regulations -- so Colorado law -- does outline that both cases of reportable conditions and COVID-19 would be considered a reportable condition, as well as suspected and confirmed outbreaks are required to be reported to Public Health by law. So that certainly is a requirement here in the state and would be an expectation that those cases and outbreaks would be reported to either local public health or the state health agency.”
D49 declined to comment on CDPHE's response until officials could review CDPHE's changes.
