Returning to the Classroom - FAQs for School Leaders - Policy & Legal Implications of February 2021 Federal Guidance on Reopening Schools

Oct 15, 2026

Returning to the Classroom provides a focused set of FAQs addressing federal policy and legal considerations for reopening K-12 schools during the COVID-19 pandemic. The addendum explains that CDC and U.S. Department of Education materials offer guidance and recommendations rather than binding law, while emphasizing that state and local legal requirements still apply. It summarizes the key CDC mitigation “package,” including consistent mitigation implementation, monitoring community transmission indicators, and applying phased learning modes, plus recommendations on testing and vaccinations.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages16

Reading Time40 min

AccessFree to download

Returning to the Classroom: FAQs for School Leaders

Policy & legal implications of the February 2021 federal guidance on reopening schools

Legal obligation to follow federal strategies

Consequences of not following federal guidance

Essential elements of CDC recommended mitigation strategies

SETTING A NEW COURSE A Legal Guide to Operating Schools in the Pandemic Era ADDENDUM ~~ Setting a New Course: ~~A~~ ~~L~~egal Guide to Operating Schools in the ~~P~~andemic ~~Er~~a~~—A~~ddendum ~~ Appendix 1 Returning to the Classroom: FAQs for School Leaderson Policy & Legal Implications of the February 2021 Federal Guidance on Reopening Schools Last year, as school leaders faced school building closures and shifted to online and hybrid models of instruction, NSBA issued its guide entitled, Setting a New Course: A Legal Guide to Operating Schools in the Pandemic Era, to help schools navigate salient issues surrounding the pandemic. Nearly one year later, this appendix to the publication is intended to build on that guide by helping school leaders understand the latest federal guidance from the Centers for Disease Control and Prevention (CDC) and the U.S. Department of Education (ED) . On Feb. 12, 2021, less than one month into a new presidential administration, two federal agencies released guidance developed to assist schools in reopening safely during the COVID-19 pandemic: • CDC’s Operation Strategy for K-12 Schools through Phased Mitigation (Strategy); and • ED’s COVID-19 Handbook Volume 1: Strategy for Safely Reopening Elementary and Secondary Schools (Handbook) . CDC’s approach focuses on assisting school districts in reopening schools and helping them stay open“through the consistent use of mitigation strategies, especially the correct use of masks and physical distancing.”1 ED’s resource supplements with specific considerations for schools as their leaders implement CDC’s recommendations.2 In some communities, public schools have been open for in-person instruction, at least partially, for several months. In others (albeit few), no schools have yet opened in-person. Regardless of where schools may be in the reopening process, school leaders are raising questions about the federal guidance documents and what the guidance means for school operation plans amid the pandemic. This appendix to our guide offers responses to those questions based on the new federal guidance to inform current operation plans and adjustments going forward. School leaders also are encouraged to confer with their state school board associations for information or requirements specific to their jurisdictions. 1. Are school districts legally required to follow the strategies outlined in these documents? No. These resources provide guidance and recommendations, which school districts are not legally required to follow. ED states that “this volume does not have the force and effect of law and it is not 3 © 2020 National School Boards Association, All Rights Reserved ~~ Setting a New Course: ~~A~~ ~~L~~egal Guide to Operating Schools in the ~~P~~andemic ~~Er~~a~~—A~~ddendum ~~ binding in any way (except where statutory or regulatory requirements are referenced) .”3 CDC explains that it “presents recommendations based upon the best-available evidence at the time of release.”4 2. What will happen if a school district decides not to follow the strategies outlined in these documents? School districts are not legally required to follow the strategies outlined in the Strategy or Handbook because those publications do not have the force or effect of law. However, school districts need to be careful about ignoring the federal agencies’ recommendations. The agencies provide best practices developed by scientists and specialists on an urgent public concern: how to reopen schools safely and mitigate the spread of the Coronavirus (the virus) . School districts that fail to follow the advice provided by these agencies may risk legal liability if their failure to follow the advice leads to the spread of the virus in their buildings. While the federal guidance documents are not legally binding on school districts, many state and local rules are. Schools must follow state laws, state department of education re

FAQs

Are school districts legally required to follow the CDC and ED guidance documents?

No. The materials provide guidance and recommendations and do not have the force and effect of law, except where specific statutory or regulatory requirements are referenced.

What risks arise if a school district ignores the federal recommendations?

While not legally required by the federal publications, districts are cautioned that failing to follow recommendations may increase risk of legal liability if their actions contribute to virus spread in school buildings.

What are the three essential elements of CDC’s recommended strategies for safe return to in-person instruction?

The essentials include consistent implementation of mitigation strategies, attention to indicators of community transmission, and phased mitigation and learning modes based on community transmission levels.

Oct 15, 2026

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