Executive Order FAQ

In general, no, unless the building is currently being used as a critical infrastructure to sustain life. For projects that were underway, workers are permitted on-site only to carry out “minimum basic operations” that are strictly necessary to preserve the current condition of the project while the order is in effect, such as putting in place temporary security and weatherization measures. All other in-person work on the project must cease until the restrictions of the order are lifted, and normal operations resume.

For additional guidance, please see the FAQ on E.O. 2020-21

Under the Stay Home, Stay Safe Order, construction is only permissible for essential public works projects. For schools, this would involve only emergency repairs to the building (e.g., leaking roof, broken window, electrical/plumbing problems, broken boiler/furnace).

If there is construction necessary to implement your COL Plan – food service or technology – that may be able to happen. Contact the Michigan Bureau of Construction Codes for guidance at BCCPermits@Michigan.gov and your legal counsel.

No. Projects may be weatherized and securitized but should not continue under Stay Home, Stay Safe Order.

This is a local decision.

EPSLA creates new paid sick leave entitlement for employees who cannot work or telework due to COVID-19. In addition to any pre-existing leave, a full-time employee is entitled to 80 hours of paid sick leave, and part-time employees are entitled to average hours over a 2-week period. EPSLA is enforced under the Fair Labor Standards Act.

The employer has work for the employee to perform and allows the employee to work from a location where the employee is quarantined or isolated. Additionally, no extenuating circumstances prevent the employee from teleworking.

1. The employee is subject to a government quarantine or isolation order

2. A health care provider advised the essential employee to self-quarantine.

3. The employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis.

If any of these situations occur, a full-time employee will receive up to 80 hours of paid leave, and the benefit is capped at $511 day or $5,100 aggregate. The employee will receive up to this amount based on what they are entitled to under their collective bargaining agreement.

1. The employee is caring for a person subject to self-isolation or quarantine order.

2. The employee is caring for a child if their school or childcare facility is closed or childcare provider is unavailable.

3. The employee is experiencing other substantially similar conditions specified by the Secretary of Health and Human Services.

If one of the above circumstances applies, an employee will receive a benefit that is capped at $200 a day or $2,000 aggregate.

The EFMELA applies to all public employers with some exceptions. An employee is eligible after 30 calendar days. EFMELA applies to those employees that are unable to work or telework because their child’s school/daycare is unavailable due to a public health emergency.

Under EFMLEA, a total of 12 weeks of leave are available. The first ten days are unpaid. However, an individual may use accrued paid leave or EPSLA leave during those ten days. The remaining ten weeks are compensated at a rate of 2/3 of regular pay. This is capped at $200/day or $10,000 aggregate.

The E.O. suspends strict compliance with FOIA response and production deadlines. Schools must respond by either granting, denying, or taking the extension within ten days of actual receipt of the FOIA request.

When the U.S. mail was opened or fax was taken from machine. If a FOIA request is sent through an email it would be still considered an “actual receipt.”

No. However, if you are entering the building to check your mail or fax, generally, that would be understood as the actual receipt of a FOIA request.

If COVID-19 “interferes” with a timely response or appeal decision, a district must issue a notice extending response time for long as necessary but no longer than June 4, 2020.

Under E.O. 2020-38, you may defer that portion of the request until June 4. 2020. However, you must notify the FOIA requester of that deferral, including an explanation and the ability to amend that request.

All students are eligible. MDE is seeking to request a statewide waiver to allow all participating Summer Food Service Program (SFSP) sponsoring organizations, as well as current National School Lunch Program (NSLP) sponsors, the option to serve and receive reimbursement for open meal sites that do not meet the 50 percent or more free or reduced-priced eligibility requirement during times of unanticipated school closures. Child Nutrition Program sponsors do not need to request exceptions from the Michigan Department of Education.

See Guidance from MDE/MDARD

Best Practices for School Food Service Providing Meals During the Response to COVID-19

As of April 6, 2020, the Michigan Department of Health and Human Services (MDHHS) recommends that Michiganders wear a face covering when outside of their home.

Districts are advised to work with their county and local level officials to determine safety protocols. Three areas to consider when contemplating these decisions are staffing capacity, storage capacity, and distribution capacity.

Any changes or additions after 3/16/20 need to be made within the GEMS/MARS intake form. If you logged on using your MEIS number, you can login and make those changes. If you logged on initially as a guest, you will have to fill out a new form by either using your MEIS login or by signing in as a guest and creating a new form.

Yes, this is an allowable reimbursed expense under your Food Service Fund. If technology and/or instruction materials were or will be delivered at the same time, that would be prorated.

Until the end of the scheduled school year, the Unanticipated School Closure Summer Food Service Program (SFSP) remains. After the end of the scheduled school year, (SFSP) will remain active. Applications to serve meals after the end of the school year food service through the SFSP are due May 1.

No, there is no need to go into any MEGS+ SFSP application. The Unanticipated School Closure Summer Food Service Program website outlines steps on how to provide meals during school closures.

MDE is currently exploring options for Summer Feeding if a building has less than 50% free and reduced lunch nor is area eligible.

Pandemic EBT (P-EBT) benefits will be provided for all families with children who were receiving free or reduced meals before the crisis. This includes all children at Community Eligibility Provision (CEP) sites. All those directly certified as CEP or certified by categorical eligibility or application on the local level.

The benefit will be in the amount equivalent to the reimbursement rate for free breakfast + free lunch multiplied by the number of the days of the closure per month per child. Those already receiving SNAP will see the benefit added to their cards.

Those not already receiving SNAP will get a card in the mail. They will need to “pin” to indicate their consent for participation.

This is a local decision.

All instruction should be delivered in step with a district’s Continuity of Learning and COVID-19 Response Plan. Best practice suggests when a district has in place all of the necessary components of a complete remote learning program, they can focus their efforts on new learning for students built from the essential standards in each grade level and course. Because of the extraordinary challenges of transitioning to a remote learning system, districts will need to revisit established learning plans and expectations that are identified in existing curriculum.

No monies were promised in the EO provisions. State aid payments will continue, and there are new flexibilities with Title $. There are ongoing efforts to secure additional donations of resources to support districts.

The ability to offer Summer School depends on the length of the Stay at Home Order.

Under existing law, districts receive six days of forgiveness for inclement weather. Under the E.O., districts receive three additional days with SPI approval, 38 hours of professional development (or the equivalent number of days if 5 hours are in a day). Upon the adoption of your COL plan, after your ISD approves it, the E.O. allows for 13 additional days of forgiveness and five days for preparation to implement your plan. If you have previously used any days for snow, please consider that you may need to start instruction before April 28th.

ISDs began reviewing COL plans on April 8th. April 28th is the last date that districts must implement their plans to receive full state aid payments.

Parents may access the building to obtain material/equipment according to the COL plan, but they must follow the same social distancing/mitigation measures that apply to personnel and contractors. In-person instruction/services are not permitted, and no provision allows for students to access buildings.

This is understood as the end of the district’s school year. Stay Home, Stay Safe and other congregate orders may be extended. On June 1, we’ll have to see what restrictions are in place.

Yes MASA is currently working on this issue.

This would have different implications for High School students and K-8 students. Generally, decisions about grades, awarding credit, and student advancement are solely at the discretion of the school district.

The E.O. suspends this requirement.

Under your COL Plan, you must have a process to implement grades, award graduation credits, provide for MMC completion, and issue diplomas. Strict MMC compliance has been suspended under the EO. Remember that your grading system is a local decision.

Districts must provide an opportunity to the extent feasible to demonstrate learning in the subject matter of the course and receive credit for the course, as determined by the district.

Decisions about grades, awarding credit, and student advancement are solely at the discretion of the school district.

Pupils enrolled in advanced placement courses and eligible to take examinations for advanced placement courses administered by the College Board must be permitted to take the examinations using the at-home testing option provided by the College Board. Districts shall facilitate, to the extent feasible, access to information relating to advanced placement courses and course schedules provided online by the College Board. For pupils without access to the internet or a device necessary to access the internet, districts shall facilitate, to the extent feasible, access to information regarding assistance provided by the College Board in completing examination requirements. Information relating to advanced placement courses and examinations is available at apstudents.collegeboard.org/coronavirus-updates.

On April 17, the NCAA announced that “High school students intending to play NCAA Division I or II sports whose final semesters of their senior year were disrupted by the COVID-19 pandemic will have several pathways to meet the NCAA’s initial-eligibility requirements this year.”

“Students expected to graduate from high school in time to enroll in a Division I school for the 2020-21 academic year will be academically eligible by earning a 2.3 grade-point average in 10 NCAA-approved core courses, with a combined seven courses in English, math and science, by the start of their seventh semester in high school (prior to senior year). These criteria do not require a standardized test score and will not apply to students who are expected to graduate after spring or summer 2020.”

“For students intending to enroll at Division II schools after graduating from high school this spring or summer, the standard will be completion of 10 NCAA-approved core courses by their seventh semester in high school (prior to senior year), with at least a 2.2 grade-point average in those courses.”

“Additionally, the Eligibility Center will modify its approach to schools that issue pass/fail grades due to school closures. Ordinarily, a “pass” on a student’s transcript is awarded the school’s lowest passing grade, most often a D, and is assigned 1.0 quality points.”

“For courses completed in spring and summer 2020 with a “pass” grade, the Eligibility Center will apply the credit earned in those courses toward the core-course requirement. If the core GPA would increase by assigning a value of 2.3 (the minimum GPA to qualify to compete in Division I), that value will be assigned to passed courses. If the 2.3 mark would decrease the student’s overall GPA, the core-course GPA will be calculated based only on courses with assigned letter grades from other available terms. This policy will apply to students from all grade levels who have pass/fail grades in NCAA-approved core courses in spring and summer 2020 due to the COVID-19 response.”

“Students enrolling in Division I schools also will be allowed up to six core courses completed after starting the seventh semester of high school and before full-time enrollment in college, regardless of whether the student graduated on time or when the courses are completed. This approach will allow students impacted by school closures to complete additional core courses toward their initial eligibility. This is the current rule for Division II. Division I’s regular rule allows only one core course to be completed after graduation.”

The STATE requirement for evaluations is suspended. What happens at the local level is permissive. You can move forward with evaluations with the information you had already obtained through observation during the school year. There is also nothing in the EO that says you cannot evaluate based on this period of remote learning.

Local decision. You can move forward with evaluations with the information you had already obtained through observation during the school year. There is also nothing in the E.O. that says you cannot evaluate based on this period of remote learning. Be consistent with your collective bargaining agreements and consult legal guidance.

No.

Yes, you can require employees to work at home. Employees should work on-site only to the extent that is absolutely necessary. Districts should promote remote work as much as possible. No employee should be allowed in a district facility if they have symptoms or had exposure to someone with COVID-19.

Third-party contractors are employees of the vendor, not the district. Therefore the requirement under the E.O. to pay all school employees does not touch third party contracted employees. Consider redeploying vendors to meaningfully contribute to the Continuity of Learning and COVID-19 Response Plan. MDE recommends districts consult their legal counsel and consider Executive Office of the President, Office of Management and Budget M-20-17, and Governor Whitmer’s Executive Order No. 2020-35 in the decision making with your administration. Feel free to contact our Fiscal Monitoring Team to discuss unique circumstances at MDE-Fiscal@Michigan.gov.

Under your COL, you are required to pay all school employees while redeploying staff to provide meaningful work in the context of the plan subject to your collective bargaining agreement.

Look at your collective bargaining agreement, usually found in Schedule B. See what neighboring districts are doing, or schools in your athletic conference (i.e. some districts paying full rate or 50%). If decision deviates from CBA, reflect it in a letter of agreement signed by the union president.

Yes, this would be a best practice.

Consult your legal council. You can move forward with evaluations with the information you had already obtained through observation during the school year.

They are allowed if necessary. For the purposes of facilitating distance learning, they are part of the critical infrastructure and therefore allowed to be in the buildings. Districts should still promote remote work, if at all possible.

For instances when staff is in your building, restrict access to no more than needed, adopt social distancing/mitigation protocols, increase cleaning/sanitation protocols and adopt a policy for self-monitoring for COVID-19 contact/symptoms. Make sure you are familiar with local health department requirements.

If the program is not deemed as an emergency childcare center, the center is closed. If the staff is employed by the district, those staff should be re-deployed to provide meaningful work.

The work is contextualized with your COL plan. As you brainstorm ideas for how to effectively use employees in this situation, be flexible, think about how individual employees can help with parts of the plan. The work does not need to mirror the hours they spend working during the regular school year. You can redeploy staff to meaningful work in the plan, i.e., para pros are not in the classroom, but districts could have them do check-ins with students and parents. Best practice would have districts create an LOA for staff engaging in work that is not in their typical job description.

If the employees of preschools and daycares are employed by the district, they must be paid under the E.O.

Work with union leadership and consider letters of agreement.

No.

Merit pay provisions in state law have been suspended.

Coming soon.

Yes.

Concern over this new virus can make children and families anxious. Acknowledging some level of concern, without panicking, is appropriate and can result in taking actions that reduce the risk of illness. Helping children cope with anxiety requires providing accurate prevention information and facts without causing undue alarm.

MDE COVID-19 Social and Emotional Learning Resources

The CDC offers many helpful resources on this topic.

Districts must also ensure each student with an IEP has equal access to the same opportunities, including and to the greatest extent possible, a free appropriate public education (FAPE).

MDE’s other memos on special education services during the school closure period:

• Guidance for Compliance With the Individuals With Disabilities Education Act and the Michigan Administrative Rules for Special Education During the COVID-19 Pandemic
• MEMO #COVID-19-001 Compliance Requirements of the Individuals with Disabilities Education Act (IDEA) and Michigan Administrative Rules for Special Education (MARSE) during a Public Health Emergency
• MEMO #COVID-19-003 Compliance Requirements of the Individuals with Disabilities Education Act (IDEA) Part C during a Public Health Emergency

The U.S. Department of Education released a memo on March 21, 2020, offering additional special education guidance, in part saying this:

“Ensuring compliance with the Individuals with Disabilities Education Act (IDEA), † Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act should not prevent any school from offering educational programs through distance instruction.”

Special Education and related services have to be provided in conformity with a student’s IEP. An IEP has to be reasonably calculated to enable a student to make progress in light of the student’s circumstances.

A district may consider scheduling a virtual IEP team meeting along with other meeting formats (e.g., face-to-face or a combination of face-to-face and virtual). This decision must be made on a case-by-case basis and must include the parent.

Yes, if possible, districts can hold virtual IEP meetings, but please keep in mind additional needs, such as closed captioning. IEP meetings can also occur over the phone. Ensure that your invitation process is followed.

Administrators are encouraged to consider precautions, such as asking a parent to join the child or be in the same space with the child when the child is receiving 1:1 service. Many video conferencing systems permit recording; therefore, administrators should make providers aware of any video recordings maintained by the district that contain information directly relating to the student and could be considered education records under the Family Educational Rights and Privacy Act (FERPA; 34 CFR § 99.3).

Districts should review IEP’s for possible implementation issues. Work with a student’s parent or guardian to amend the IEP if possible. Parent’s agreement is required for IEP amendments. Documentation is required.

Some IEPs may be able to implemented remotely. Amendments should be considered after reviewing a student’s IEP and identify ways the IEP can be revised to be consistent with the student’s learning goals under your COL plan.

There may be circumstances where an IEP team needs to consider whether there is a need for compensatory education. This decision is made on an individual basis.

In instances where a student’s needs cannot be met through your COL plan, and there is an educational loss, compensatory education should be considered. Additional guidance is needed from the federal level in this area.

Yes. Per MDE guidance, compensatory education may need to be provided upon the student’s return to school, or when their quarantine period has ended.

At this time, IEP timelines cannot be extended and will result in an untimely data submission. MDE will issue a Data Alert; however this will not result in Corrective Action.

MDE guidance suggests that the school requests an extension of the evaluation timeline through the use of an Agreement to Extend Evaluation Timeline document. MDE will issue Data Alerts for annual IEPs 3-year re-evaluations not completed within the 3-year timeline due to mandatory school closure resulting from COVID-19; however, Corrective Action will not be issued.

On April 10, 2020 The MDE announced they have requested flexibilities from US Department of Education for certain requirements of the Individuals with Disabilities Education Act pertaining to initial evaluation timelines, re-evaluation due dates, annual individualized education program (IEP) review timelines, state complaint timelines, and Part C to Part B transition timelines.

No. Effective immediately, MDE is waiving this requirement only during the period of this public health emergency for students who are under quarantine or have contracted the coronavirus. The waiver will not apply to additional days of absence.

No, the school is not obligated to provide homebound or compensatory education.

No, the student is considered absent (record this as an absence in logs) and the district is not required to provide make-up or compensatory services. In this situation please consider an IEP amendment.

The school must review the IEP and determine what, if any, services must be made-up (compensatory services) to assure that the student has received a FAPE. In this situation consider an IEP amendment.

A third-party contractor is not an employee of the district, so districts are not required to pay the contracted employee through the EO. Look at what the contract says – that employee is an employee of the vendor. The vendor oversees/supervises/directs the individuals. If the contract states you need to deploy these folks, work with the vendor to find other meaningful work – i.e., bus driver drives meals, pack food, etc.

Each school gets six days to use when they need to – MDE can waive an additional three days. Beyond that, the legislature, MDE, or the governor need to act on how schools continue learning.

Yes. MDE has a contingency plan designed to ensure payments to schools are not disrupted. MDE issued guidance for those staff members who are compensated with federal funds so that you may continue to pay them through the closure period.

MASA is currently working with the legislature to identify areas where assistance is needed.

MASA is currently working with the legislature to identify areas where assistance is needed.

This issue should be addressed in accordance with the CDC’s guidelines for large community events.

“Students who earned credit and were on track to graduate as of March 13th” is one option in the EO for dealing with students in the 12th grade, not a requirement. How credits are awarded is a local decision.

Decisions about grades, awarding credit, and student advancement are solely at the discretion of the school district.

“Decisions regarding the awarding of credit, the issuance of grades, and the use of pass or fail designations will be made at the district level by districts with due recognition of the impact of the COVID-19 pandemic.” Section II(N)

Districts can even make a determination about awarding credit without regard to the state standards: “Strict compliance with rules and procedures under section 1278a(4) of the School Code, MCL 380.1278a(4), is temporarily suspended to permit a district to determine a pupil has completed a credit without using subject area content expectations or guidelines developed by the Department.” Section IX(B)

Districts have many options in addition to the flexibility outlined in the previous section to ensure seniors have the opportunity to graduate on time as well as a duty to offer additional support as needed to struggling seniors. Additionally, the civics course requirement in section 1166 is suspended.

“A. A district shall implement a process to issue grades to pupils in grade 12, award credits needed for graduation, provide for completion of the Michigan Merit Curriculum, issue diplomas to pupils in grade 12, and reflect continued learning by pupils in grade 12 according to this order. When implementing this section V.A, a district may, without limitation, use one or more of the following options:

• Award credits and grades for courses taken based on coursework through March 11, 2020.
• Provide an optional final exam or other culminating activity to test pupil understanding of the subject matter of a course to the extent practicable.
• Implement a process for pupils in grade 12 to be certified as eligible to graduate using a prior learning assessment, a portfolio, or a resume approach.
• Offer an interdisciplinary culminating activity that encompasses essential standards missed by pupils due to the closure of schools.

B. Districts must provide a pupil in grade 12 who was failing a course as of March 11, 2020, an opportunity to the extent feasible to demonstrate learning in the subject matter of the course and receive credit for the course, as determined by the district.

C. Strict compliance with rules and procedures under section 1166(2) of the School Code, MCL 380.1166(2), is temporarily suspended for the remainder of the 2019-2020 school year to suspend the restriction on a high school from issuing a diploma to a pupil who has not completed a one-semester course of study of five periods per week in civics.”

Executive Order 21 allows for the maintenance of parks. If grass gets to point it is so high that rodents could be attracted to it, or other situation where tall grass creates a health and safety issue, it is probably ok to get the mower going while following social distancing. At this time, you should not be fertilizing the football field.

No. There is no reason a student should have to step onto campus. Parents/guardians can retrieve items from the school if they are needed to fulfill a COL.