There is a way some schools can get permission to reopen despite a state school closure order, but the exact criteria for getting that permission have yet to be finalized in San Diego County.

Under Gov. Gavin Newsom’s recent order, public and private schools in counties on the state’s COVID-19 watch list are not allowed to reopen until their county gets and stays off the list for two consecutive weeks.

Since last Friday, when Newsom announced that rule, the watch list has grown to include 37 of the state’s 58 counties, including San Diego.

San Diego has since made no progress on the health indicator that got it on that list. Its COVID-19 case rate has since grown from 147.2 cases per 100,0000 people to 154.8 cases.

But there is an exception to the school closure mandate. District superintendents can apply for a waiver from their county health officials allowing schools to reopen.

Only elementary schools are eligible for the waiver, because studies show that younger children are less likely to transmit or get sick from COVID-19. The Centers for Disease Control and Prevention has said that as of July 17, children account for less than 7 percent of COVID-19 cases and less than 0.1 percent of COVID-19-related deaths.

As of mid-day Friday, no San Diego County schools had submitted a reopening waiver, but some school leaders have shown interest or asked the county for more details about the waiver process.

The state order says that a county health officer must “consider local data” and consult with the state health department when considering waivers. But the state has not given details about what local data should be considered or what criteria the data should meet.

In a press conference Friday, Newsom spoke about waivers but did not detail what the specific criteria should be for granting them, beyond the state’s broad guidance that the request should be made “in consultation with labor, parents and community-based organizations.”

Los Angeles County has interpreted this to mean that teacher union support is required for approval of a waiver.

That would add an extra hurdle for school districts over private and charter schools, most of which are not unionized. The union approval requirement drew criticism from some who said reopening criteria should be based on science, not politics.

San Diego County does not know yet what specific criteria it will use to judge waiver applications, and it is waiting for further clarification from the state, said Michael Workman, county spokesman.

or now, the county says the waivers must include “consensus from the community and the teachers,” he said, but its unclear how each school district would show they have a consensus.

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