Act 590 of the Arkansas Senate was signed by Governor Asa Hutchinson on April 29 and states, “if a state agency or entity, a political subdivision of the state, or a state or local official recommends that an individual in this state use a face mask, face shield, or other face covering, a state agency or entity, a political subdivision of the state, or a state or local official shall provide notice that the recommendation is not mandatory.”
That description basically entails all facilities receiving state funds, which are typically public entities.
The act also has exceptions to where it doesn’t apply, namely private businesses, which retain the right to enforce any mask requirements they would like. Other exemptions from the law are given to: a state-owned or state-controlled healthcare facility; a facility operated by the Department of Corrections; or a facility operated by the Division of Youth Services of the Department of Human Services.
With the start of the 2021-2022 school year just over six weeks away, public schools are one of the first groups that have to deal with the implications of Act 590. Last school year, school districts were able to tailor their COVID-19 response plans from the district, building and classroom levels, which will no longer be an option.
Mountain Home Public Schools Superintendent Dr. Jake Long explains how he feels the law affects public schools.
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Other legislation passed by the Arkansas General Assembly this spring limits the governor’s emergency powers. The legislature can now terminate an emergency declaration by passing a concurrent resolution in a committee of the whole, in both the House and Senate. Emergency declarations are also limited to 60 days, unless approved for extension by the Legislative Council.
Governor Hutchinson’s original emergency declaration expired in May, which Long says will result in changes to COVID-19 procedures for the upcoming school year.
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Long says he does expect school districts will receive new guidance on handling COVID-19 as the school year approaches from either the Arkansas Department of Health or Department of Education.
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Safety will be the district’s top priority, Long says.
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Baxter County currently has 190 active cases of COVID-19.
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