Court Blocks Vaccine Mandate for Head Start Grantees and Contractors
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January 2022 1 Court Blocks Vaccine Mandate for Head Start Grantees and Contractors SPED Contingency Plans For When Disasters Strike
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Teacher Shortage?
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Ohio Super Lawyers
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Cincinnati 1714 West Galbraith Rd Cincinnati, OH 45239 (513) 421-2540 Columbus 300 Marconi Blvd, Suite 308 Columbus, OH 43215 (614) 705-1333 Cleveland 5000 Lombardo Center, Suite 120 Cleveland, OH 44131 (246) 487-6672
On January 1, 2022, the United States District Court for the Northern District of Louisiana granted a preliminary injunction blocking a COVID-19 vaccine mandate for Head Start grantees, contractors, and volunteers. The injunction applies to Ohio which joined as a party to the suit. Head Start funding would have been at risk for agencies that failed to ensure vaccination by employees, contractors, and volunteers. On November 30, 2021, the Office of Head Start (OHS), Administration for Children and Families (ACF), and the Department of Health and Human Services (HHS) published an interim final rule with comment (Head Start Mandate) that adds new provisions to the Head Start Program Performance Standards. The stated purpose of the rule was to mitigate the spread of COVID-19 and support continued in-person operations during the pandemic. The rule became effective immediately upon publication, although a comment period remained open through December 30, 2021. The Head Start Mandate specifically required universal masking for individuals aged two and older who participate in the Head Start program. In addition, the Head Start Mandate requires all Head Start staff, contractors whose activities involve contact with or providing direct services to children and families, and volunteers working in classrooms or directly with children to complete a full vaccination series for COVID-19 by January 31, 2022, unless an exception applies. The Head Start Mandate specifically stated that an employee may not be required to vaccinate if: • The vaccine is medically contraindicated (e.g. an individual who had an allergic reaction to the first shot should not get a second shot); • There is a medical necessity that requires a delay in a vaccination (e.g. an individual who is recovering from a major surgery may not be suitable for the vaccine administration); and • An individual is entitled to a work accommodation for religious, disability, or other reasons under federal law (e.g. an employee who demonstrates that the vaccine is contrary to a sincerely held religious belief may seek an exemption as an accommodation).
Ennis Britton January 2022
School Law Review
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