Principal Question
Student Band and Instrument Classes
Question: We have gone by the DPI September guidelines for instrumental music and have plastic wall dividers between students, shields, and horn covers to prevent any airborne transmission. We have had no problems. I am assuming that the mask law is the part that wouldn’t be covered in this methodology? Thus not ok?
Answer: Yes, it is the Governor’s state mask mandate that applies to this situation. The DPI produces guidelines for instruction, but their staff will be the first to admit that the DPI does not have enforcement authority related to pandemic-related issues. It is public health authorities, state and local, that are empowered under state law to enforce measures designed to stop the spread of communicable diseases. At the state level, this is the Department of Health Services (DHS). The DPI and DHS staff work together on producing materials, but given the wealth of materials produced and the changing CDC guidelines, the materials are frequently revised or corrected.
The DHS has indicated that the DPI COVID-19 Arts Education School Operating Considerations are being revised to reflect the DHS determination that masks are required for indoor arts education given the mask mandate. See this entry from this DHS “COVID-19 Daily Update”
“Daily Frequently Asked Question(s)
Within school music programs, can face masks with slits be used when playing instruments?
Masks with slits are not permitted under the statewide mask mandate. DPI’s Arts Education School Operating Considerations have been updated to reflect this requirement. In addition, DHS cautions against any indoor band practice at this time, as it is inconsistent with the mandate to use face coverings at all times while indoors. More information on safe alternatives for arts education can be found in DPI’s guidance.”
And, under the Governor’s Emergency Order #1, which establishes the mask mandate, the rule is:
“Every individual, age five and older, in Wisconsin shall wear a face covering if both of the following apply:
- The individual is indoors or in an enclosed space, other than at a private residence; and;
- Another person or persons who are not members of individual’s household or living unit are present in the same room or enclosed space.”
The emergency order also states that, “‘Face covering’ means a piece of cloth or other material that is worn to cover the nose and mouth completely. A “face covering” includes but is not limited to a bandana, a cloth face mask, a disposable or paper mask, a neck gaiter, or a religious face covering. A “face covering” does not include face shields, mesh masks, masks with holes or openings, or masks with vents.” (Emphasis added by WCRIS.)
So if a student is indoors – unless that student meets one of the exceptions listed, is only with other members of their household or at home, or is alone – the student will need to be wearing a face covering and not a shield or a mask with a slit. This is also true for school bus or school vehicles (enclosed spaces) as well. The Governor’s Frequently Asked Questions offers further clarification.
Is it also important to note that it is your local authorities, your public health officer and district attorney (and anyone else designated by local ordinance), who determines how and when to enforce these policies. Therefore, the best person to consult is your local public health authority regarding any questions you may have. (You may also want to consult your insurance provider regarding any liability issues as well.)
This is why you would likely have to check with your local public health authorities on any workarounds. Here’s an example, the Governor’s FAQ has the following question:
“What does it mean to be in the “same room” as another person?
A room is a space with closed walls that reach the floor and the ceiling. A cubicle is not a room. Similarly, plexiglass or other dividing material does not create a room unless the material reaches the floor and the ceiling and has closed walls. For example, a plexiglass screen at a grocery store check-out counter is not a room, and the clerk must wear a face covering.”
It is possible that local public health authorities will view fully enclosed plastic squares or pods as a “room,” but you would need to check with them to make certain. So for example, if your plastic dividers were on all four sides of each student, this might be sufficient and may not be a situation where a face covering would be necessary (if only students in the pod were alone or with members of their household).
Please also note that the mask order has the following exception:
“While a single individual is giving a religious, political, media, educational, artistic, cultural, musical, or theatrical presentation for an audience, the single speaker may remove the face covering when actively speaking. While the face covering is removed, the speaker must remain at least 6 feet away from all other individuals at all times.”
Lawyers tell WCRIS this would apply to a single student performing for a group of students as well.
So while the DPI can make recommendations, they are not the governing authority. The DPI school nurse, Louise Wilson, has frequent contact with DHS staff and is a good resource for specific questions and general information on DPI guidance.
