Exhibit, Doc. 1-11 — America's Frontline Doctors v. Becerra

Summary

Exhibit A to the Declaration of Matt Schweder was filed May 19, 2021 as Document 1-11 in America's Frontline Doctors v. Becerra, Case 2:21-cv-00702-CLM in the U.S. District Court, N.D. of Alabama, and reproduces messages to families from Fayette County Public Schools Acting Superintendent Marlene Helm dated March 16, 2021 to May 4, 2021. They include an April 24, 2021 message announcing COVID-19 vaccines at six high schools on April 27, 2021 for students 16 years of age or older, under a cover page that describes the emails as "Pressuring Students and Families to Vaccinate."

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Case 2:21-cv-00702-CLM   Document 1-11   Filed 05/19/21   Page 1 of 8
2021 May-20 AM 11:34
U.S. DISTRICT COURT
N.D. OF ALABAMA

Exhibit A — Declaration of Matt Schweder

Representative Emails from
Fayette County Public Schools
Pressuring Students and
Families to Vaccinate.
Case 2:21-cv-00702-CLM   Document 1-11   Filed 05/19/21   Page 2 of 8
From: "noreply@fayette.kyschools.us"

To: "Fayette County Public Schools Recipients"

Ce:

Sent: Tuesday March 16 2021 7:44:34PM

Subject: 3.16.21 FCPS In-Person Learning Update from Dr. Helm

March 16, 2021
Dear Fayette County Public Schools Families:

Just like our clocks, our return to in-person learning leapt forward this week with the arrival of
our students in preschool, and grades 7, 8, 10, and 11 at school on Monday. With students at
every grade level now back on campus, we feel reconnected and reenergized about the days
ahead.

Our community continues to harness the spread of COVID-19 and today’s 7-day average of new
cases has fallen to 41! Each Tuesday, we review multiple data points as part of our FCPS In-
Person Matrix, and we are pleased to report that all other indicators continue to support our
return to campus.

Utilizing hubs, shuttles, vans and schedule adjustments, our transportation team has worked
diligently to find a solution that will enable us to bring back the middle and high school
students whose families have chosen in-person learning for the remainder of our special
programs on Monday, March 22.

Families whose children are impacted have already begun to receive communication with
specifics from Carter G. Woodson Academy, Eastside Technical Center, Family Care Center,
Locust Trace AgriScience Center, Martin Luther King Academy, Opportunity Middle College,
Southside Technical Center, STEAM Academy, Success Academy, The Learning Center, and
The Stables.

As we pass the one-year mark of the pandemic, I believe we all recognize that our lives have
been forever changed in some way by COVID-19. My hope is that the challenges of the past 12

months inspire us to all to make the necessary individual decisions in order to collectively keep
the virus at bay so our schools can stay open.

With spring break on the horizon, we will need everyone’s help to avoid another surge of cases
like the one we saw in January after winter break. Just this afternoon, the governor announced

that a new variant of COVID-19 has been found in the Commonwealth. Now is not the time to
let our guard down.

Unlike a year ago, we now know how to beat COVID-19. Together we can and together we will!
Sincerely,
Marlene Helm

Fayette County Public Schools Acting Superintendent
Case 2:21-cv-00702-CLM   Document 1-11   Filed 05/19/21   Page 3 of 8
From: "noreply@fayette.kyschools.us"

To: "Fayette County Public Schools Recipients"

Ce:

Sent: Tuesday March 23 2021 8:16:15PM

Subject: FCPS In-Person Learning Matrix Update 3.23.21

March 23, 2021
Dear Fayette County Public Schools Families:

Your safe choices made it possible for us to return to campus, and we are grateful for the
opportunity to be back in person with students whose families chose that option.

When you consider that Fayette County spent the whole month of January in purple — hitting a
high of 264 average daily cases — our progress is truly remarkable. At 34, today’s 7-day average
of new cases is just on the edge of yellow — a level our community has not seen in nearly nine
months.

Now that our students are back in person, we need your help again. With just three days left
before spring break, we hope everyone continues to practice the healthy habits that have helped
reduce COVID-19 infections. These precautions include avoiding crowds and group gatherings
whenever possible, ordering take out, socializing outdoors, wearing masks, and washing hands
frequently.

If you are planning a staycation, spring break would also be a great time to make arrangements
to be vaccinated. All members of the Fayette County community, 16 years of age and older, are
encouraged to sign up to receive the free, safe, vaccine at https://ukhealthcare.uky.edu/covid-
19/vaccine. Those 18 or older can also sign up at www.lfchd.org/vaccine. Free rides to COVID-19
vaccination clinics are available through Federated Transportation Services of the Bluegrass.
Please call 1-888-848-0989 in advance to schedule a ride.

Before returning to campus after spring break, please review the Family Assurance of Student
Health document attached to this email and be especially thoughtful in assessing your child’s
possible symptoms before sending them to school.

Although we have not had any spread of the virus at schools, we have received reports of
students contracting COVID-19 from sleepovers, parties, and traveling youth activities. Those
individual weekend decisions have then forced other students into quarantine. It took all of us
to get back on campus and it will take all of us to keep our schools open.

This has been a school year like none other. We hope that our families have an enjoyable spring
break and look forward to seeing everyone healthy and back on campus April 5!

Sincerely,
Marlene Helm

Acting Fayette County Public Schools Superintendent
Case 2:21-cv-00702-CLM   Document 1-11   Filed 05/19/21   Page 4 of 8
Attachments:

messages/attachments/58cc73f8db435{8b 7bbb037593828384/FCPS Family Assurance of
Student Health Agreement English.pdf (100.3 KB)

Fayette County Public Schools

Family Assurance of Student Health Agreement

We all play 2 role in protecting the health, safety, and well-being of our students, staff and families. One
of the most important things we can do to prevent the potential spread of COVID-19 is to stay home
when we are sick or have been exposed to someone who is sick.

Before sending your child to campus for in-person learning, please sign and return this form
showing that you agree to the following:

{.iwil NOT send my chiid to school until they are released from quarantine by the health
department 1:
e My child has been in close physical contact (6 feet or closer for at least 15 minutes) with a
e person who is known to have COVID-19.
¢ Anyone in our household tests positive COVIO-19.
e My child has traveled out of the country.
2. }will check my chill each day for the following known symptoms of COVID-19 and will NOT
send my chikito school if (hey are experiencing:

« Fever (temperature of 100.4°F or greater) or chills Sore throat

« New uncontrolled cough that causes difficulty breathing (for students with chronic
allergic/asthmatic cough, a change in their cough frorn baseline)

« Diarrhea, vorniting, or abdominal pain New onset of severe headache

. limy child is tested for COVID-19 for any reason, | will not send thern to school until | receive
their results. If they test positive, | will NOT send thern to schoal until cleared to do sa by a
medical professional. | understand | arm required to report a positive test result te FOPS within
24 hours of receiving the results.

hae

4. ifmy child meets any of the conditions above or is exhibiting any of the symptoms of
COVID-13, | will notify the school of my child's absence.

5. Wimy child develops any symptoms of COVID-19 during the school day, | agree that i, army
designee, will pick up my child as soon as possible.

Student Name:

School:

Parent/Guardian Signature:

Date:

Vis
FAYETTE COUNTY PUBLIC SCHOOLS
TA.

e
Case 2:21-cv-00702-CLM   Document 1-11   Filed 05/19/21   Page 5 of 8
To: "mschweder@twc.com" <mschweder@twe.com>
Subject: FW: Spring Break and Summer Ignite

From: "noreply@fayette.kyschools.us"

To: "Fayette County Public Schools Recipients"
Ce:

Sent: Friday March 26 2021 8:12:45PM
Subject: Spring Break and Summer Ignite

March 26, 2021
Dear Fayette County Public Schools Families:

Having our students back on campus has been a joy! Our new safety routines are working well,
and our students have become pros at adapting.

We hope everyone will continue those good habits during Spring Break, so we can keep the
numbers of new COVID-19 cases in our community down. As we take cautious steps toward a
feeling of normal, it may be tempting to return to the habits and behaviors we enjoyed pre’
COVID, but experts continue to caution that it is not safe to do so yet.

Now that we have cleared the hurdle of returning all of our students whose families have
chosen in-person learning back to campus, we can shift some of our attention to promoting
summer learning opportunities.

Fayette County Public Schools is excited to announce that our schools will offer a program
called Summer [Ignite to supplement student learning.

When we return in April, schools will begin sharing specific information with their families.
Each school has been working to design a Summer Ignite program aligned to their individual
school offerings in order to best serve their students. As you know, in Kentucky, this
determination falls within the responsibility of each School-Based Decision Making Council.

Summer Ignite will operate during three sessions:
e Session 1 — June 8—June 25

e Session 2 —July 6-July 23
e¢ Session 3 — July 26-30 for students entering kindergarten, sixth grade and ninth grade

Hours of each session will be:

e Elementary programs will run from 8 a.m. to noon.
e Middle and high school programs will be from 9 a.m. to 1 p.m.

Decisions about what the program will look like and which students will be invited to
participate are determined by the SBDM at each school, led by the school principal. Priority will
be placed on:
Case 2:21-cv-00702-CLM   Document 1-11   Filed 05/19/21   Page 6 of 8
»« Students whose achievement data shows the need for additional learning opportunities
in order to be prepared for the 2021-22 school year,

e Students in need of credit recovery, and

e Students who may need an opportunity to extend learning through inquiry and project-
based learning to enhance skills and content knowledge.

As a district, Fayette County Public Schools is supporting Summer Ignite by:

e Providing materials and resources for schools,

e Setting a shared schedule,

e Creating a planning framework for schools,

« Coordinating transportation for students,

e Recruiting community partners for schools,

e Serving breakfast and lunch to students,

e Investing federal stimulus funding to cover the cost of staffing, including coordinators at
each location and increased pay to help attract staff for the program.

I encourage anyone with questions about the program that might be available to your child to
look for additional communication from the school. You can also visit www.feps.net/ignite.

We are excited for you to see and hear the innovative ideas our schools have developed to meet
the needs of the children who will be served! We are fortunate in Fayette County Public Schools
to have such a wide variety of learning options available to help students reach their unlimited
potential.

Thank you for your continued support and engagement. Please have a wonderful spring break!
Sincerely,
Marlene Helm

Fayette County Public Schools Acting Superintendent
Case 2:21-cv-00702-CLM   Document 1-11   Filed 05/19/21   Page 7 of 8
From: "noreply@fayette.kyschools.us"

To: "Fayette County Public Schools Recipients"

Ce:

Sent: Saturday April 24 2021 7:21:13PM

Subject: COVID-19 vaccines available Tuesday at six FCPS high schools

April 24, 2021
Dear Fayette County Public Schools Families:

I am writing this afternoon with great news! Fayette County Public Schools has partnered with
Wildhealth and LFUCG to offer the COVID-19 vaccine at our six high schools on Tuesday, April

All FCPS students 16 years of age or older are eligible to be vaccinated, as are our families and
employees. Students who are fully vaccinated (two weeks past the second dose) may not need to
quarantine, should they be exposed to COVID-19 in the future.

Vaccination sign-ups are available at: kyvax.wildhealth.com. The site includes a way for
families to give consent for 16- and 17-year-olds to receive the vaccine. When you register,
please reserve a spot for the first vaccine on April 27» and a second dose on May 18t.

If you have any questions or difficulty with the registration process, please contact the
Wildhealth Help Desk at 859-217-4679. Federated Transportation Services of the Bluegrass is
offering FREE rides to COVID-19 vaccine clinics for those in need. Schedule a ride by calling

This opportunity is open to ALL students, their families. and staff in FCPS, regardless of school
affihation.

This clinic will offer the Pfizer-BioNTech COVID-19 Vaccine, which is administered as a shot in
the arm in a series of two doses, three weeks apart. Studies show this vaccine is 95% effective at
preventing COVID-19 illness.

There is no cost to get the vaccine.

Many students have already been vaccinated, and I encourage you to do the same for yours.
Sincerely,
Marlene Helm

Fayette County Public Schools Acting Superintendent
Case 2:21-cv-00702-CLM   Document 1-11   Filed 05/19/21   Page 8 of 8
From: "noreply@fayette.kyschools.us" <donotreply@blackboard.com>

Date: May 4, 2021 at 6:56:27 PM EDT

To: Fayette County Public Schools Recipients <recipients@FCSD.parentlink.net>
Subject: FCPS In-Person Learning Matrix Update 5.4.21

Reply-To: FCPS Schools <noreply@fayette.kyschools.us>

May 4, 2021
Dear Fayette County Public Schools Families:

With just two Tuesdays left in the school year, COVID-19 cases in our community are holding
steady. The current 7-day average of new cases in Fayette County is 37, keeping us in orange on
the FCPS In-Person Learning Matrix.

After an uptick last week, positive COVID-19 cases among students and staff are down to 41 in
the past week and the number of individuals placed into quarantine due to possible exposure is
at a three-week low of 430.

We remain on track to complete the school year in person and celebrate our Class of 2021 in
Rupp Arena.

During our meeting today with the Lexington-Fayette County Health Department, we talked at
length about the evolving guidance regarding outdoor mask use from the Governor, Kentucky
Department of Education, and Centers for Disease Control.

In the end, we determined that our current mask protocols will remain in place for the rest of
the school year. That means all students and adults (with the exception of those who have a
medical exemption or ARC-determined exemption) are required to wear masks while on school
property.

Many of our schools already allow students to be outdoors without masks as long as they are
with their cohort. CDC guidance remains clear that those who are not fully vaccinated (which
includes most of our students) should continue wearing a mask. We will revisit these guidelines
for summer activities.

In closing, I want to make families, students and employees aware of another COVID-19
vaccination opportunity at one of our schools. Appointments are available from 9 a.m. to 1 p.m.
on Thursday, May 13, at STEAM Academy, located at 1555 Georgetown Road. To register,
visit kyvax.wildhealth.com. Stakeholders are also invited to sign up for appointments at Bryan
Station, Frederick Douglass, Henry Clay, Lafayette, Paul Laurence Dunbar, and Tates Creek
high schools on May 18.

Thank you once again for your continued support.
Sincerely,
Marlene Helm

Fayette County Public Schools Acting Superintendent


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