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This just in:

July 20, 2020
CONTACT: Joni Branch, (850) 201-3223 or (850) 544-7055

Florida educators file lawsuit to protect health and well-being of students, educators and communities

TALLAHASSEE — Along with educators and parents, the Florida Education Association (FEA) filed suit Monday against Gov. Ron DeSantis, Commissioner Richard Corcoran, the Florida Department of Education, the Florida State Board of Education and Miami-Dade County Mayor Carlos Gimenez to safeguard the health and welfare of public school students, educators and the community at large. The lawsuit intends to stop the reckless and unsafe reopening of public school campuses as coronavirus infections surge statewide.

“Gov. DeSantis needs a reality check, and we are attempting to provide one,” said FEA President Fedrick Ingram. “The governor needs to accept the reality of the situation here in Florida, where the virus is surging out of control. He needs to accept the evolving science. It now appears that kids 10 and older may pass along the coronavirus as easily as adults. Everyone wants schools to reopen, but we don’t want to begin in-person teaching, face an explosion of cases and sickness, then be forced to return to distance learning.

Florida’s Constitution demands that public schools be safe. Teachers and parents want our schools to meet that basic standard.”

Find the lawsuit online here: https://feaweb.org/wp-content/uploads/2020/07/Complaint-FINAL.pdf

The leaders of FEA’s national affiliates are fully in support of the suit.

American Federation of Teachers President Randi Weingarten:
“The push to physically reopen schools full time without any precautions or new resources, and, most importantly, amid a skyrocketing COVID-19 surge, ignores science, safety and basic humanity. Gov. Ron DeSantis’ order, as carried out by others, puts an entire generation of kids — as well as their families and their educators — at risk. As educators, we know in-person learning is what’s best for students. And while educators want to be back in the classroom, it is not possible when the state or a local region can’t ensure that schools won’t become hot spots for virus spread. That is why across this country, from red states like Texas to blue states like California, where cases are surging, elected officials are putting a pause on in-person reopening. They are leaving it to local control, which has previously been a celebrated, time-honored tradition in Florida.

“Further complicating getting our schools physically open again is the abject failure to date of both the president and the Senate to follow the House of Representatives’ lead to provide schools with the resources they need to fund safe reopening plans. Here in Florida, the governor has a constitutional obligation to make schools safe, and he’s failed. If he won’t look out for students’ and teachers’ best interests, we will.”

National Education Association President Lily Eskelsen García:

“No one wants to be back in the classroom with students more than educators, but we must do so only if we can ensure it is done in a safe way. Unfortunately, Gov. Ron DeSantis, like Donald Trump and Betsy DeVos, has no plan to solve the real issues facing public schools during a pandemic, and that’s a major concern to students, educators and parents. He needs to listen to health experts and educators to do this right — and not pressure school districts to rush to reopen putting students, educators and communities at risk. The coronavirus pandemic has exposed and exacerbated the inequities facing our most vulnerable students — particularly for Black, brown and students living in poverty. We must address these inequities now — not push for school reopenings that will harm those students the most — and that requires equitable tools and resources from the federal government, which has failed to act. Whether school buildings are open or not, educators are preparing to ensure all students have the best possible learning, and the Senate needs to do its job by passing the HEROES Act.”

About the lawsuit:

The FEA lawsuit has been filed in state circuit court in Miami, in the Eleventh Judicial Circuit of Florida. FEA is joined in the litigation by Broward teacher Stephanie Beth Miller; Ladera Royal, an educator in Orange County; and Mindy Festge, a teacher and parent in Miami-Dade County,

The lawsuit contends that ordering an unsafe return to onsite instruction at public schools is a violation of Florida’s Constitution, which requires the provision of a “safe” and “secure” schools, and requests a declaration that the state defendants’ actions and inactions are unconstitutional. In a second count, the suit seeks a declaration from the court that the state defendants are putting arbitrary and capricious demands on public schools through the education commissioner’s unfunded emergency order.

A third count in the suit seeks an order enjoining the state defendants, along with Mayor Gimenez, from forcing millions of students and educators to report to unsafe schools that should remain physically closed during the spike of the pandemic; ordering defendants to implement a meaningful online instruction plan with accessible internet connectivity and computers; ordering that before schools reopen they must have adequate personal protective equipment (PPE) and other supplies, reduced class sizes, social distancing, staffing, and school clinic capabilities in compliance with CDC guidelines and other health authorities.

Florida’s push to return students to classrooms comes as evidence grows that reopening while case numbers and test positivity rates remain high could lead to dire results — worsening the spead of the virus while endangering the lives of children, educators and communities at large.

Our state currently has more than 350,000 diagnosed cases of coronavirus and has been adding to that total by more than 10,000 cases per day, with test positivity rates averaging above 12 percent. Hospitals in areas such as Miami-Dade are overloaded with patients suffering from Covid-19. More than 5,000 deaths have been recorded statewide.

It is notable that countries that have successfully reopened schools without igniting an increase in cases, have done so after case levels were pushed to near zero and transmission rates were low. That is clearly not the case in the Sunshine State. Our situation might be better compared to that of Israel, where reopening saw cases resurge.

Meanwhile, the jury is out on the risk of long-term damage to children who contract the virus. Evidence mounts, however, that older students can spread the disease. A large new study from South Korea finds that kids between the ages of 10 and 19 can spread the virus at least as well as adults do.

Educators want to return to our schools and be with their students. Distance learning is not the preferred solution for our kids, but protecting the safety and well-being of students, educators and communities must be paramount to other concerns. Keeping kids and adults healthy should be our first goal.

Whether school buildings are open or not this fall, we need to ensure that we’re preparing to provide students with the best possible learning experience — meaning all students, whether they are Black, brown or white, have the tools and resources necessary to succeed.

And when students return, we must ensure they have better conditions for learning. The COVID-19 pandemic has exposed and exacerbated the inequities facing our most vulnerable students, in particular students of color and children living in poverty, and we must address these inequities now.

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The New York Times published an in-depth report about the failure of the Trump administration to respond to the pandemic with a coherent policy. The administration abdicated any responsibility and handed the problems over to the governors. As you will read, the Trump team relied on Dr. Deborah Birx, who gave them the upbeat reports they wanted to hear.

Each morning at 8 as the coronavirus crisis was raging in April, Mark Meadows, the White House chief of staff, convened a small group of aides to steer the administration through what had become a public health, economic and political disaster.

Seated around Mr. Meadows’s conference table and on a couch in his office down the hall from the Oval Office, they saw their immediate role as practical problem solvers. Produce more ventilators. Find more personal protective equipment. Provide more testing.

But their ultimate goal was to shift responsibility for leading the fight against the pandemic from the White House to the states. They referred to this as “state authority handoff,” and it was at the heart of what would become at once a catastrophic policy blunder and an attempt to escape blame for a crisis that had engulfed the country — perhaps one of the greatest failures of presidential leadership in generations.

Over a critical period beginning in mid-April, President Trump and his team convinced themselves that the outbreak was fading, that they had given state governments all the resources they needed to contain its remaining “embers” and that it was time to ease up on the lockdown.

In doing so, he was ignoring warnings that the numbers would continue to drop only if social distancing was kept in place, rushing instead to restart the economy and tend to his battered re-election hopes.

Casting the decision in ideological terms, Mr. Meadows would tell people: “Only in Washington, D.C., do they think that they have the answer for all of America.”

For scientific affirmation, they turned to Dr. Deborah L. Birx, the sole public health professional in the Meadows group. A highly regarded infectious diseases expert, she was a constant source of upbeat news for the president and his aides, walking the halls with charts emphasizing that outbreaks were gradually easing. The country, she insisted, was likely to resemble Italy, where virus cases declined steadily from frightening heights.

On April 11, she told the coronavirus task force in the Situation Room that the nation was in good shape. Boston and Chicago are two weeks away from the peak, she cautioned, but the numbers in Detroit and other hard-hit cities are heading down.

A sharp pivot soon followed, with consequences that continue to plague the country today as the virus surges anew.

Even as a chorus of state officials and health experts warned that the pandemic was far from under control, Mr. Trump went, in a matter of days, from proclaiming that he alone had the authority to decide when the economy would reopen to pushing that responsibility onto the states. The government issued detailed reopening guidelines, but almost immediately, Mr. Trump began criticizing Democratic governors who did not “liberate” their states.

Mr. Trump’s bet that the crisis would fade away proved wrong. But an examination of the shift in April and its aftermath shows that the approach he embraced was not just a misjudgment. Instead, it was a deliberate strategy that he would stick doggedly to as evidence mounted that, in the absence of strong leadership from the White House, the virus would continue to infect and kill large numbers of Americans.

He and his top aides would openly disdain the scientific research into the disease and the advice of experts on how to contain it, seek to muzzle more authoritative voices like Dr. Anthony S. Fauci and continue to distort reality even as it became clear that his hopes for a rapid rebound in the economy and his electoral prospects were not materializing.

Mr. Trump had missed or dismissed mounting signals of the impending crisis in the early months of the year. Now, interviews with more than two dozen officials inside the administration and in the states, and a review of emails and documents, reveal previously unreported details about how the White House put the nation on its current course during a fateful period this spring.

Key elements of the administration’s strategy were formulated out of sight in Mr. Meadows’s daily meetings, by aides who for the most part had no experience with public health emergencies and were taking their cues from the president. Officials in the West Wing saw the better-known White House coronavirus task force as dysfunctional, came to view Dr. Fauci as a purveyor of dire warnings but no solutions and blamed officials from the Centers for Disease Control and Prevention for mishandling the early stages of the virus.

Dr. Birx was more central than publicly known to the judgment inside the West Wing that the virus was on a downward path. Colleagues described her as dedicated to public health and working herself to exhaustion to get the data right, but her model-based assessment nonetheless failed to account for a vital variable: how Mr. Trump’s rush to urge a return to normal would help undercut the social distancing and other measures that were holding down the numbers.

The president quickly came to feel trapped by his own reopening guidelines. States needed declining cases to reopen, or at least a declining rate of positive tests. But more testing meant overall cases were destined to go up, undercutting the president’s push to crank up the economy. The result was to intensify Mr. Trump’s remarkable public campaign against testing, a vivid example of how he often waged war with science and his own administration’s experts and stated policies.

Mr. Trump’s bizarre public statements, his refusal to wear a mask and his pressure on states to get their economies going again left governors and other state officials scrambling to deal with a leadership vacuum. At one stage, Gov. Gavin Newsom of California was told that if he wanted the federal government to help obtain the swabs needed to test for the virus, he would have to ask Mr. Trump himself — and thank him.

Not until early June did White House officials even begin to recognize that their assumptions about the course of the pandemic had proved wrong. Even now there are internal divisions over how far to go in having officials publicly acknowledge the reality of the situation.

Judd Deere, a White House spokesman, said the president had imposed travel restrictions on China early in the pandemic, signed economic relief measures that have provided Americans with critical assistance and dealt with other issues including supplies of personal protective equipment, testing capacity and vaccine development.

“President Trump and his bold actions from the very beginning of this pandemic stand in stark contrast to the do-nothing Democrats and radical left who just complain, criticize and condemn anything this president does to preserve this nation,” he said.

At a briefing on April 10, Mr. Trump predicted that the number of deaths in the United States from the pandemic would be “substantially” fewer than 100,000. As of Saturday, the death toll stood at 139,186, the pace of new deaths was rising again and the country, logging a seven-day average of 65,790 new cases a day, had more confirmed cases per capita than any other major industrial nation.

Trump’s Choice

Even as Mr. Trump was acknowledging the need to make tough decisions, he and his aides would soon be working to do just the opposite.

The president had a decision to make.

It was the end of March and his initial, 15-day effort to slow the spread of the virus by essentially shutting down the country was expiring in days. Sitting in front of the Resolute Desk in the Oval Office were Drs. Fauci and Birx, along with other top officials. Days earlier, Mr. Trump had said he envisioned the country being “opened up and raring to go” by Easter, but now he was on the verge of announcing that he would keep the country shut down for another 30 days.

“Do you really think we need to do this?” the president asked Dr. Fauci. “Yeah, we really do need to do it,” Dr. Fauci replied, explaining again the federal government’s role in making sure the virus did not explode across the country.

Mr. Trump’s willingness to go along — driven in part by grim television images of bodies piling up at Elmhurst Hospital Center in New York City — was a concession that federal responsibility was crucial to defeating a virus that did not respect state boundaries. In a later Rose Garden appearance, he appeared resigned to continuing the battle.

“Nothing would be worse than declaring victory before the victory is won,” Mr. Trump said.

But even as the president was acknowledging the need for tough decisions, he and his aides would soon be looking to do the opposite — build a public case that the federal government had completed its job and unshackle the president from ownership of the response.

The hub of the activity was the working group assembled by Mr. Meadows, who had just taken over as chief of staff.

Joe Grogan, the domestic policy adviser, had come around to Mr. Trump’s view that the reaction to the virus was overblown, a position shared at that point by Marc Short, Vice President Mike Pence’s chief of staff and a frequent participant in the meetings. Russell T. Vought, the president’s acting budget director, was there to address the pandemic’s mounting costs.

Chris Liddell, a deputy chief of staff, and Jared Kushner, the president’s senior adviser and son-in-law, acted as the group’s procurement and supply-chain experts.

Hope Hicks, the protector of Mr. Trump’s brand, was a regular participant. Kevin A. Hassett, a top economic adviser, came at times to help assess the numbers and also participated in a 9 a.m. meeting three times a week with Mr. Meadows and Treasury Secretary Steven Mnuchin on the economic aspects of the pandemic.

Then there was Dr. Birx, the response coordinator of the coronavirus task force. Unlike Dr. Fauci, who only stopped by the White House to attend meetings, she was given an office near the Situation Room and freely roamed the West Wing, fully embracing her role as a member of the president’s team.

Key elements of the administration’s strategy were formulated out of sight in daily meetings held by the chief of staff, Mark Meadows.

By mid-April, Mr. Trump had grown publicly impatient with the stay-at-home recommendations he had reluctantly endorsed. Weekly unemployment claims made clear the economy was cratering and polling was showing his campaign bleeding support. Republican governors were agitating to lift the lockdown and the conservative political machinery was mobilizing to oppose what it saw as constraints on individual freedom.

At the meetings in Mr. Meadows’s office, the issue was clear: How much longer do we keep this up?

To answer that, they focused on two more questions: Had the virus peaked? And had the government given the states the tools they needed to manage the remaining problems?

On the first question, Dr. Birx and Mr. Hassett were optimistic: Mitigation was working, they insisted, even as many outside experts were warning that the nation would remain at great risk if it let up on social distancing and moved prematurely to reopen.

Mr. Meadows thought of himself as a data-driven decision maker, and in addition to models and infection numbers from the states and the C.D.C., they looked at traffic on the New Jersey Turnpike (the volume of cars coming in and out of New York City was down by 95.2 percent); payroll and credit card data, and the number of people who were reporting to have self-quarantined.

If the point was to sustain a monthlong lockdown, the numbers told them, the administration succeeded. If it was to squelch the virus to containable levels, later events would show the officials were oblivious to how widely it was already spreading.

The members of his group believed they had succeeded on the second question, too, although shortages of protective gear continued in some places (and would flare again months later).

A one-time anticipated shortage of more than 100,000 ventilators had been overcome; now there was enough of a surplus that the United States could lend them to other countries. A ban on elective surgeries meant there was plenty of bed space — and no more need for the Navy’s hospital ships.

The group thought governors should no longer have trouble getting what they needed for hospitals, doctors and first responders. And they grew increasingly frustrated by what they saw as politically motivated complaining about a lack of federal help and the inability of some states to make effective use of the supplies they were receiving.

Enraged by criticism from New York’s Democratic politicians about not being able to find a shipment of ventilators from the federal government, Mr. Grogan, the domestic policy chief, angrily told Mr. Kushner that they should put more ventilators on eighteen-wheelers, drive them into New York City and invite news helicopters to record it all — just to embarrass Gov. Andrew Cuomo and Mayor Bill de Blasio.

On April 14, the country passed what the group saw as a milestone, administering its three millionth test. Inside the West Wing, Mr. Kushner was insistent on that point: Given their assumption that infections would not surge again until the fall, there was enough testing ability out there.

Those outside experts who disagreed were largely brushed off. In mid-April, Dr. Ashish K. Jha, director of the Harvard Global Health Institute, urged a top administration official to embrace his call for conducting 500,000 coronavirus tests a day — far more than was happening at the time.

The official, Adm. Brett P. Giroir, the administration’s testing czar, who had been delivering upbeat descriptions of the nation’s growing testing capacity, eventually conceded to Dr. Jha that his plan seemed to be needed. But he made clear the federal government was not prepared to get there quickly.

“At some point down the road,” is what Dr. Jha said Admiral Giroir told him.

“My take is that Jared Kushner believes that this is not something that the White House should get too involved in,” Dr. Jha recalled. “And then the president believes that it is better left up to the states.”

Their critics notwithstanding, White House officials came to feel that they had in fact accomplished their job: giving governors the tools they needed to deal with remaining outbreaks as infections ebbed.

The wind down of the federal government’s response would play out over the next several weeks. The daily briefings with Mr. Trump ended on April 24. The Meadows team started barring Dr. Fauci from making most television appearances, lest he go off message and suggest continued high risk from the virus.

By the beginning of May, word leaked that the daily meetings of the task force itself would be ended, though Mr. Trump, who had not been told, backpedaled after the coverage caused an uproar.

On testing, Mr. Trump shifted from stressing that the nation was already doing more than any other country to deriding its importance. By June the president was regularly making nonsensical statements like, “If we stop testing right now, we’d have very few cases, if any.”

But during the middle weeks of April the president’s decision to largely walk away from an active leadership role — and give many states permission to believe the worst of the crisis was behind them — came abruptly into public view.

On April 10, Mr. Trump declared that, in his role as something akin to a “wartime president,” it would be his decision about whether to reopen the country. “That’s my metrics,” he told reporters, pointing to his own head. “I would say without question it’s the biggest decision I’ve ever had to make.”

Three days later, he reiterated his responsibility. “When somebody is the president of the United States, the authority is total and that’s the way it’s got to be,” he said.

The next day, Dr. Birx and Dr. Fauci presented Mr. Trump with a plan for issuing guidelines to start reopening the country at the end of the month. Developed largely by Dr. Birx and held closely by her until being presented to the president — most task force members did not see them beforehand — the guidelines laid out broad, voluntary standards for states considering how fast to come out of the lockdown.

In political terms, the document’s message was that responsibility for dealing with the pandemic was shifting from Mr. Trump to the states.

On April 16, when Mr. Trump publicly announced the guidelines, he made the message to the governors explicit.

“You’re going to call your own shots,” he said.

Birx’s Influence

Inside the White House, Dr. Birx was the chief evangelist for the idea that the threat from the virus was fading.

Unlike Dr. Fauci, Dr. Birx is a strong believer in models that forecast the course of an outbreak. Dr. Fauci has cautioned that “models are only models” and that real-world outcomes depend on how people respond to calls for changes in behavior — to stay home, for example, or wear masks in public — sacrifices that required a sense of shared national responsibility.

In his decades of responding to outbreaks, Dr. Fauci, a voracious reader of political histories, learned to rely on reports from the ground. Late at night in his home office this spring, Dr. Fauci, who declined to comment for this article, dialed health officials in New Orleans, New York and Chicago, where he heard desperation unrecognizable in the more sanguine White House meetings.

Dr. Fauci had his own critics, who said he relied on anecdotes and experience rather than data, and who felt he was not sufficiently attuned to the devastating economic and social consequences of a national lockdown.

As the pandemic worsened, Dr. Fauci’s darker view of the circumstances was countered by the reassurances ostensibly offered by Dr. Birx’s data.

A renowned AIDS researcher who holds the title of “ambassador” as the State Department’s special representative for global health diplomacy, she had assembled a team of analysts who worked late nights in the White House complex, feeding her a constant stream of updated data, packaged in PowerPoint slides emailed to senior officials each day.

There were warnings that the models she studied might not be accurate, especially in predicting the course of the virus against a backdrop of evolving political, economic and social factors. Among the models Dr. Birx relied on most was one produced by researchers at the University of Washington. But when Mr. Hassett reviewed its performance by looking back on its predictions from three weeks earlier, it turned out to be hit or miss.

The authors of the University of Washington model spoke to Dr. Birx or members of her team almost daily, they said, and often cautioned that their work was only supposed to offer a snapshot based on key assumptions, like people continuing to abide by social distancing until June 1.

“We made clear that to get the epidemic under control and bring it down to effectively zero transmission required the social distancing mandates to be in place,” said Christopher J. L. Murray, the director of the modeling program. “April 22 — somewhere around that period. That’s when the tone shifted. They started to ask questions about what will be the trajectory and where with the lifting of mandates?”

Some state officials were also alarmed by the administration’s use of the University of Washington model.

Colorado health officials wrote to the administration on April 10, pleading that the White House not use the model to allocate supplies to the state, saying its predictions were rosier than the grim reality they were encountering. (When those concerns were relayed to her, Dr. Birx replied that decisions on allocating equipment were based on factors beyond the one model.)

Dr. Birx declined to be interviewed. A task force official said that she had only used the University of Washington model in a limited way and that the White House used “real data, not modeled data, to understand the pandemic in the United States.”

The official said the White House “immediately reacted to the early signs of community spread” by working with governors in the affected states.

But despite the outside warnings and evidence by early May that new infections, while down, remained higher than anticipated, the White House never fundamentally re-examined the course it had set in mid-April.

Dr. Fauci, a friend of Dr. Birx’s for 30 years, would describe her as more political than him, a “different species.” More pessimistic by nature, Dr. Fauci privately warned that the virus was going to be difficult to control, often commenting that he was the “skunk at the garden party.”

By contrast, Dr. Birx regularly delivered what the new team was hoping for.

“All metros are stabilizing,” she would tell them, describing the virus as having hit its “peak” around mid-April. The New York area accounted for half of the total cases in the country, she said. The slope was heading in the right direction. “We’re behind the worst of it.” She endorsed the idea that the death counts and hospitalization numbers could be inflated.

For Dr. Birx, Italy’s experience was a particularly telling — and positive — comparison. She routinely told colleagues that the United States was on the same trajectory as Italy, which had huge spikes before infections and deaths flattened to close to zero.

“She said we were basically going to track Italy,” one senior adviser later recalled.

Dr. Birx would roam the halls of the White House, talking to Mr. Kushner, Ms. Hicks and others, sometimes passing out diagrams to bolster her case. “We’ve hit our peak,” she would say, and that message would find its way back to Mr. Trump.

Dr. Birx began using versions of the phrase “putting out the embers,” wording that was later picked up by the press secretary, Kayleigh McEnany, and by Mr. Trump himself.

By the middle of May, the task force believed that another resurgence was not likely until the fall, senior administration officials said.

The New York region appeared well on its way to driving new infections down to levels it could handle — it was the one area of the country that did resemble the Italian model. But the models and analysis embraced by the West Wing failed to account for the weakening adherence to the lockdowns across the country that began even before Mr. Trump started urging governors to “liberate” their residents from the methodical guidelines his own government had established.

Later, it was clear that states that rushed to reopen before meeting the criteria in the guidelines — like Arizona, Texas and Alabama — would have among the worst surges in new cases.

Dr. Birx’s belief that the United States would mirror Italy turned out to be disastrously wrong. The Italians had been almost entirely compliant with stay-at-home orders and social distancing, squelching new infections to negligible levels before the country slowly reopened. Americans, by contrast, began backing away by late April from what social distancing efforts they had been making, egged on by Mr. Trump.

The difference was critical. As communities across the United States raced to reopen, the daily number of daily cases barely dropped below 20,000 in early May. The virus was still circulating across the country.

Italy’s recovery curve, it turned out, looked nothing like the American one.

The Consequences

The real-world consequences of Mr. Trump’s abdication of responsibility rippled across the country.

During a briefing on April 20, Mr. Trump mocked Gov. Larry Hogan of Maryland, a fellow Republican, for the state’s inability to find enough testing. Dr. Birx displayed maps with dozens of dots indicating labs that could help.

“He really didn’t know about the federal laboratories,” Mr. Trump told reporters with mock astonishment. “He didn’t know about it.”

But when Frances B. Phillips, the state’s deputy health secretary, reached out to one of those dots — a National Institutes of Health facility in Maryland — she was told that they were suffering from the same shortages as state labs and were not in a position to help.

“It was clear that we were on our own and we need to develop our own strategy, which is very unlike the kind of federal response in the past public health emergencies,” Ms. Phillips recalled.

In California, Mr. Newsom had already experienced firsthand the complexities of getting help from Washington.

After offering to help acquire 350,000 testing swabs during an early morning conversation with one of Mr. Newsom’s advisers, Mr. Kushner made it clear that the federal help would hinge on the governor doing him a favor.

“The governor of California, Gavin Newsom, had to call Donald Trump, and ask him for the swabs” recalled the adviser, Bob Kocher, an Obama-era White House health care official.

Mr. Newsom made the call as requested and then praised Mr. Trump that same day during a news conference where he announced the commitment, giving Mr. Trump credit for the “substantial increase in supply” headed to California.

Mayor Francis X. Suarez of Miami, a Republican, said that the White House approach had only one focus: reopening businesses, instead of anticipating how cities and states should respond if cases surged again.

“It was all predicated on reduction, open, reduction, open more, reduction, open,” he said. “There was never what happens if there is an increase after you reopen?”

Other nations had moved aggressively to employ an array of techniques that Mr. Trump never mobilized on a federal level, including national testing strategies and contact tracing to track down and isolate people who had interacted with newly diagnosed patients.

“These things were done in Germany, in Italy, in Greece, Vietnam, in Singapore, in New Zealand and in China,” said Andy Slavitt, a former federal health care official who had been advising the White House.

“They were not secret,” he said. “Not mysterious. And these were not all wealthy countries. They just took accountability for getting it done. But we did not do that here. There was zero chance here that we would ever have been in a situation where we would be dealing with ‘embers.’ ”

A New Surge

By early June, it was clear that the White House had gotten it wrong.

In task force meetings, officials discussed a spike in cases across the South and whether any bumps in caseloads were caused by crowded protests over the killing of George Floyd. They briefly considered if it was a fleeting side effect of Memorial Day gatherings.

They soon realized there was more at play.

Digging into new data from Dr. Birx, they concluded the virus was in fact spreading with invisible ferocity during the weeks in May when states were opening up with Mr. Trump’s encouragement and many were all but declaring victory.

With the benefit of hindsight, the head of the Centers for Disease Control and Prevention, Dr. Robert R. Redfield, acknowledged this week in a conversation with the Journal of the American Medical Association that administration officials — himself included — severely underestimated infections in April and May. He estimated they were missing as many as 10 cases each day for every one they were confirming.

The number of new cases has now surged far higher than the previous peak of more than 36,000 a day in mid-April. On Thursday, there were more than 75,000 confirmed new cases, a record.

Mr. Trump’s disdain for testing continues to affect the country. By the middle of June, lines stretched for blocks in Phoenix and in Austin, Texas. And getting results could take a week to 10 days, officials in Texas said — effectively inviting the virus to spread uncontrollably.

Dr. Mandy K. Cohen, the top health official in North Carolina, contacted the Trump administration after a surge in June, asking the government to quickly open 100 new testing sites in her state, in addition to the 13 it was then operating.

“We will keep those 13 open for another month — you are welcome,” Dr. Cohen said, mocking the response she received.

It was a devastating situation, said Mayor Steve Adler of Austin, who watched as the Covid-19 cases at intensive care units at area hospitals jumped from three in mid-May to 185 by early July. Mr. Adler had a simple plea for the White House.

“When we were trying to get people to wear masks, they would point to the president and say, well, not something that we need to do,” he said.

Mr. Suarez expressed similar frustrations with Mr. Trump’s dismissive approach to mask wearing. “People follow leaders,” he said, before rephrasing his remarks. “People follow the people who are supposed to be leaders.”

Written by:

Michael D. Shear is a White House correspondent. He previously worked at The Washington Post and was a member of their Pulitzer Prize-winning team that covered the Virginia Tech shootings in 2007. @shearm

Noah Weiland is a reporter in the Washington bureau of The New York Times, covering health care. He was raised in East Lansing, Michigan and graduated from the University of Chicago. @noahweiland

Eric Lipton is a Washington-based investigative reporter. A three-time winner of the Pulitzer Prize, he previously worked at The Washington Post and The Hartford Courant. @EricLiptonNYT

Maggie Haberman is a White House correspondent. She joined The Times in 2015 as a campaign correspondent and was part of a team that won a Pulitzer Prize in 2018 for reporting on President Trump’s advisers and their connections to Russia. @maggieNYT

David E. Sanger is a national security correspondent. In a 36-year reporting career for The Times, he has been on three teams that have won Pulitzer Prizes, most recently in 2017 for international reporting. His newest book is “The Perfect Weapon: War, Sabotage and Fear in the Cyber Age.” @SangerNYT • Facebook

The New York Times reports on a new study from South Korea that finds that children as young as 10 can spread the coronavirus. Will the American Academy of Pediatrics and the CDC revise their guidelines based on this new information?

A large new study from South Korea offers an answer: Children younger than 10 transmit to others much less often than adults do, but the risk is not zero. And those between the ages of 10 and 19 can spread the virus at least as well as adults do.

The findings suggest that as schools reopen, communities will see clusters of infection take root that include children of all ages, several experts cautioned.

“I fear that there has been this sense that kids just won’t get infected or don’t get infected in the same way as adults and that, therefore, they’re almost like a bubbled population,” said Michael Osterholm, an infectious diseases expert at the University of Minnesota.

“There will be transmission,” Dr. Osterholm said. “What we have to do is accept that now and include that in our plans.”

Several studies from Europe and Asia have suggested that young children are less likely to get infected and to spread the virus. But most of those studies were small and flawed, said Dr. Ashish Jha, director of the Harvard Global Health Institute.

The new study “is very carefully done, it’s systematic and looks at a very large population,” Dr. Jha said. “It’s one of the best studies we’ve had to date on this issue.”

Other experts also praised the scale and rigor of the analysis. South Korean researchers identified 5,706 people who were the first to report Covid-19 symptoms in their households between Jan. 20 and March 27, when schools were closed, and then traced the 59,073 contacts of these “index cases.” They tested all of the household contacts of each patient, regardless of symptoms, but only tested symptomatic contacts outside the household.

The first person in a household to develop symptoms is not necessarily the first to have been infected, and the researchers acknowledged this limitation. Children are also less likely than adults to show symptoms, so the study may have underestimated the number of children who set off the chain of transmission within their households.

Still, experts said the approach was reasonable. “It is also from a place with great contact tracing, done at the point interventions were being put in place,” said Bill Hanage, an epidemiologist at the Harvard T.H. Chan School of Public Health.

Children under 10 were roughly half as likely as adults to spread the virus to others, consistent with other studies. That may be because children generally exhale less air — and therefore less virus-laden air — or because they exhale that air closer to the ground, making it less likely that adults would breathe it in.

Even so, the number of new infections seeded by children may rise when schools reopen, the study authors cautioned. “Young children may show higher attack rates when the school closure ends, contributing to community transmission of Covid-19,” they wrote. Other studies have also suggested that the large number of contacts for schoolchildren, who interact with dozens of others for a good part of the day, may cancel out their smaller risk of infecting others.

The researchers traced the contacts only of children who felt ill, so it’s still unclear how efficiently asymptomatic children spread the virus, said Caitlin Rivers, an epidemiologist at the Johns Hopkins Bloomberg School of Public Health.

“I think it was always going to be the case that symptomatic children are infectious,” she said. “The questions about the role of children are more around whether children who don’t have symptoms are infectious.”

Dr. Rivers was a member of a scientific panel that on Wednesday recommended reopening schools wherever possible for disabled children and for those in elementary schools, because those groups have the most trouble learning online. She said the new study does not alter that recommendation.

The study is more worrisome for children in middle and high school. This group was even more likely to infect others than adults were, the study found. But some experts said that finding may be a fluke or may stem from the children’s behaviors.

These older children are frequently as big as adults, and yet may have some of the same unhygienic habits as young children do. They may also have been more likely than the younger children to socialize with their peers within the high-rise complexes in South Korea.

“We can speculate all day about this, but we just don’t know,” Dr. Osterholm said. “The bottom line message is: There’s going to be transmission.”

He and other experts said schools will need to prepare for infections to pop up. Apart from implementing physical distancing, hand hygiene and masks, schools should also decide when and how to test students and staff — including, for example, bus drivers — when and how long to require people to quarantine, and when to decide to close and reopen schools.

But they face a monumental challenge because the evidence on transmission within schools has been far from conclusive so far, experts said. Some countries like Denmark and Finland have successfully reopened schools, but others, like China, Israel and South Korea, have had to close them down again.

Governor Brian Kemp of Georgia has boldly asserted his claim to be the dumbest governor in the nation. This makes Florida Governor Ron DeSantis very unhappy, as he claims that title.

Kemp suspended all local laws and orders that mandate mask-wearing as the number of coronavirus cases rise in Georgia. He “encouraged” people to wear masks, but no mandates permitted.

Bob Shepherd explains why Florida is miffed:

 

FROM: the law offices of A. Wayne Kerr, Esq.

TO: The State of Georgia

OK. We here in Flor-uh-duh are not happy. We’ve spent years, literally, building our reputation as the dumbest state in the union. We’ve built rope swings over pits of alligators. We’ve worn “Seriously, I have drugs” T-shirts when we were carrying drugs. We’ve organized people to shoot down hurricanes. We’ve claimed in court that we weren’t drinking and driving because we only swigged alcohol at stop signs. We’ve committed criminal assault with fried chicken. We’ve passed resolutions banning Satan from our towns. We’ve committed armed robbery with transparent bags on our heads. We’ve elected Ron DeSantis our governor. We’ve passed stand your ground laws. We’ve driven on highways with a “Car in Toe” sign in the back window. And we’ve issued an order to open all our schools to full in-person instruction on the very day that we set a national record for new cases of Covid-19.

In short, we have worked extremely hard to build the brand of Flor-uh-duh Man. Now, the state of Georgia thinks it can capriciously encroach on our brand by rescinding its order to wear masks in public during the pandemic. This cannot stand. Please cease and desist from further stupid.

Thank you.

This is an excellent message from the Bidens about reopening schools safely.

They say what most educators and parents say.

We want schools open but we want them open safely.

Job one: lower the infection rate in the community.

Job two: Make sure schools have the resources so that students and adults are safe.

Biden pledges to follow through on both.

Trump demands that schools open in a few weeks regardless of the pandemic, regardless of the inability to provide a safe building and smaller classes.

Vote for Biden.

Andy Hargreaves, a scholar of international renown, participated in a virtual seminar in South Korea about post-pandemic education.

His 20-minute presentation is brilliant, pithy, and compelling.

Look for it on this YouTube video. He starts at about 22:00 minutes and concludes at about the 43:00 minute mark.

He urges South Korea and the rest of the world not to “return” to austerity, competition, high-stakes testing, and education that is subservient to GDP, but to pursue a very different path.

To learn about that different and very alluring vision of the future, take 20 minutes of your time, watch and listen.

This is a terrific article that appeared in the New York Times by the regular city columnist Gina Bellafante. It is about how schools beat plagues in the early 20th century by opening outdoor classes. The Times is making articles about coronavirus available for free, so it may not be behind a pay wall. You should see it for the wonderful historical photographs. If the bureaucracy could think creatively in 1915, why not now?

Here is the text:

In the early years of the 20th century, tuberculosis ravaged American cities, taking a particular and often fatal toll on the poor and the young. In 1907, two Rhode Island doctors, Mary Packard and Ellen Stone, had an idea for mitigating transmission among children. Following education trends in Germany, they proposed the creation of an open-air schoolroom. Within a matter of months, the floor of an empty brick building in Providence was converted into a space with ceiling-height windows on every side, kept open at nearly all times.

The subsequent New England winter was especially unforgiving, but children stayed warm in wearable blankets known as “Eskimo sitting bags” and with heated soapstones placed at their feet. The experiment was a success by nearly every measure — none of the children got sick. Within two years there were 65 open-air schools around the country either set up along the lines of the Providence model or simply held outside. In New York, the private school Horace Mann conducted classes on the roof; another school in the city took shape on an abandoned ferry.

Distressingly, little of this sort of ingenuity has greeted the effort to reopen schools amid the current public-health crisis. The Trump administration has insisted that schools fully open this fall, with Education Secretary Betsy DeVos proposing no plan for how to do that safely.

In New York, the nation’s largest school system, students will attend live classes only a few days a week, a policy that has angered both exhausted parents, who feel that it is not nearly enough, and many teachers, who fear it as way too much.

At the same time, one of the few things we know about the coronavirus with any degree of certainty is that the risk of contracting it diminishes outside — a review of 7,000 cases in China recorded only one instance of fresh-air transmission. While this ought to have activated a war-room focus toward the goal of moving as much teaching as possible outdoors, nothing like that has happened.

“What I’m hearing instead is that people are looking at plastic shields going up around desks,’’ Sarah Milligan-Toffler, the executive director of an organization called the Children & Nature Network, told me. “That’s our creative solution?”

Bureaucracy, it hardly needs to be said, is not inherently creative. And despite its self-image as an engine of innovation, the education-reform movement backed by Wall Street tends to recoil at anything that reeks of bohemianism. No hedge-funder, obsessed with metrics, achievement gaps and free Apple products has ever sat down and asked himself, “Hey, I wonder how they do it in Norway?”

Outdoor learning, though, is not a wood nymph fantasy; the body of evidence suggesting the ways it benefits students, younger ones in particular, is ever growing.

A 2018 study conducted over an academic year looked at the emotional, cognitive and behavioral challenges facing 161 fifth graders. It found that those participating in an outdoor science class showed increased attention over those in a control group who continued to learn conventionally. At John M. Patterson, an elementary school in Philadelphia, suspensions went from 50 a year to zero after a playground was built in which students maintain a rain-garden and take gym and some science classes, the principal, Kenneth Jessup, told me.

Recently, an examination of three groups of students in Bangladesh found that those who studied math and science in a transformed schoolyard did better academically than those who were contained inside. Beyond that, hundreds of studies over the years have demonstrated a positive correlation between engagement with nature and academics; some researchers have found that outdoor learning can improve both standardized test scores and graduation rates.

It is hard to imagine students similarly motivated by learning about the Civil Rights movement in an empty WeWork. While some have talked about using now vacant office or retail space for school, that would involve expensive leasing and little opportunity for fresh air.

So what could outdoor education look like in New York City? It would not mean sending the system’s 1.1 million children to Central Park every day (though Central Park, which accommodated hospital tents during the height of the pandemic, could easily hold some number of classroom tents with many other parks doing so too, as Adrian Benepe, the city’s former parks commissioner recommended).

It is also possible that all kindergarten, first- and second-grade classes could be held outside, with the natural environment deployed as a resource for math and science education, as one public-school teacher proposed to me. Those grades account for nearly a quarter of all students in the system. Alternatively, schools could use as much accessible outdoor space as possible to reduce the number of students in a building at any given time, thus allowing for proper social distancing. Instead of rotating between live school and remote learning, children could rotate between indoor and outdoor work during the course of the day. As Ms. Milligan-Toffler, of the Children & Nature Network, has argued, reading, reflective writing and gym all lend themselves to being experienced outside.

While inequity has meant that schools in more affluent neighborhoods are situated closer to parks than those in poorer parts of the city, infrastructure for outdoor learning is already in place, even in many low-income neighborhoods. Between 2007 and 2013, in conjunction with the Trust for Public Land, the city converted more than 250 schoolyards to green space for student and community use. The New York City Housing Authority has 1,000 playgrounds that could be commandeered. And the Parks Department, as Mr. Benepe, who is now with the Trust pointed out, has 35 recreation centers, already outfitted with gyms and bathrooms that could accommodate a few thousand children.

As the city has done for restaurants, it could cordon off streets and sidewalks for schools to expand their footprint.

But as we head into late July, there is no indication that the de Blasio administration is pursuing any of this with a sense of urgency. In response to questions about plans for some movement outside, Jane Meyer, the mayor’s deputy press secretary replied by email to say: “We are looking at all spaces possible, including outdoors, to see if learning can occur there.”

Michael Mulgrew, the president of the local teachers’ union, who maintains there is still a good chance that school will not open in September, nonetheless seemed far more enthusiastic about that idea. When I caught up with him by phone he was reading air-exchange reports. Teacher safety is paramount to him, and he worried about windowless schools near heavily trafficked roads, which had been built to seal off pollution. “The best thing you can do is open a window,’’ he said. The idea of teaching in outdoor spaces with covering for protection from the rain is an extremely promising one in his mind.

Obviously, transitioning to this approach comes with challenges in terms of liability, curriculum flexibility and so on. But the reality of losing a generation of students to the deficiencies of Zoom seems much more troubling. On Thursday, Mr. de Blasio announced that the city was working on a plan to provide child care to 100,000 students in libraries, community centers and other locations on the days they are learning remotely, something that would seem less necessary if more attention were paid to learning outdoors.

Teachers, who are the ones in greatest jeopardy of getting sick when schools reopen, seem to be the most vocal proponents. “I do think it’s doable,’’ Liat Olenick, a schoolteacher in Brooklyn who has been advocating for outdoor learning during the pandemic, told me.

“Do I think it will be easy? No. But given that all our other choices are terrible it is worth considering.”

Josh Bell is a New York City public schools parent. He wrote this article for the New York Daily News. The article reminded me that New York City public school officials in the early 20th century conducted outdoor classes for students with tuberculosis.

He writes:

Last weekend, the city started closing down sections of dozens of busy streets for several blocks in all five boroughs so that restaurants could set up more tables outside. If the city can do this for dining, surely it can do the same for learning. Schoolyards and athletic fields, of which there are hundreds, could be repurposed as well.

It’s really not that complicated. Put up tents — the big ones used for weddings, with sides that roll down for bad weather — add desks, chairs and a whiteboard, and boom: you just made a classroom. The bonus is that air circulation would be much better than indoor classrooms, a major concern for teachers and parents alike.

For schools with already adjacent outdoor space, and there are many, a big part of the solution is already on their doorsteps. And just think of how much street space there is on one block with no parked cars: It’s thousands of square feet. The classrooms could be separated with simple dividers.

In parks and elsewhere, we had field hospitals when we thought we needed them to treat a coronavirus surge. Why not field schools?

Brilliant.

Outdoor classrooms would be a snap in regions with mild weather. As Josh Bell points out, they would work anywhere.

The healthiest place to be is in the open air.

Everyone wants schools to open but Congress and the Trump administration don’t want to pay for it. That cost includes reduced class sizes for social distancing, additional teachers, cleaning services, nurses, ventilation improvements, personal protective equipment, and whatever is recommended by CDC.

In places where the disease is out of control, reopening will not be possible. First control the disease, then reopen schools. Trump could start the process by wearing a mask in public, whenever he is in public. His refusal to do so has spread the virus by encouraging his admirers to do as he does, which violates the strong advice of medical professionals.

Where reopening is possible, Congress must foot the bill because the stayes’s coffers have been depleted by the economic toll of the pandemic.

Thus far, Congress has been generous to high-income individuals and employers, but stingy with the nation’s schools, as David Dayen of “The American Prospect” explains here. To see the links and open them, go to his post here.

Dayen writes:

As we head into crunch time on coronavirus relief, the demands coming from the White House threaten to upset the entire deal. Donald Trump remains obsessed with a payroll tax cut, which nobody in Congress, really, wants. Any payroll tax cut with any real impact on people—a three-month holiday would run around $300 billion—would cut deeply into the other White House demand for a relief bill topping out at no more than $1 trillion.

The proper amount of spending for this bill is “whatever it takes.” If you don’t like the cost, maybe you shouldn’t have completely botched the policy response such that major regions of the country have to shut down again. The same people whining about expense are the ones who drove the country into despair. The cost of a continued runaway virus is much higher than the cost of emergency measures to ensure millions of people have adequate food and shelter during this crisis.

But if you really, really must constrain the response, and you really, really must have this payroll tax cut, then I have an idea: get rid of all the other long-term tax cuts mostly targeted toward the rich, many of them passed in the very last coronavirus relief bill.

They don’t get much discussion but there were a host of tax provisions in the CARES Act, passed in March. In fact there was a payroll tax holiday, but for the employer side, not the employee. Not only can employers delay payroll taxes to next year, they can eliminate them if they retain employees. The two measures are estimated at about $66 billion, and the savings falls on the business.

A bigger tax break has been termed the “Millionaire’s Giveaway” by Americans for Tax Fairness. This $135 billion tax break allows people with partnerships or other structures to carry forward losses from previous years and offset gains in their taxes in future years. It only affects people making half a million dollars in income from the partnership or more. The same type of deduction for businesses costs another $25 billion; the oil and gas industry in particular has been using that one, converting their losses in recent years into corporate welfare checks. There’s also an interest deduction available to larger corporations ($13 billion). Certain aviation taxes were suspended ($4 billion); see if that shows up in a lower ticket fare.

Add it up and that’s $243 billion in tax giveaways to rich people and corporations in the CARES Act. If the White House wants a payroll tax cut it can come out of that. Most of the benefits from those changes don’t hit until next year and the payment of 2020 taxes, and beyond. It makes sense to pull up spending (tax breaks are spending through the tax code) to when it’s needed now.

The Heroes Act, the House Democratic bill, actually accomplished a form of this, by cancelling the Millionaire’s Giveaway permanently, as it was due under the Trump tax cuts to come back in 2026 anyway. That brings in $246 billion overall, according to the Joint Committee on Taxation, enough for a decent-sized payroll tax holiday.

And as long as we’re talking about the Trump tax cuts, we could eliminate the measures most tilted to the rich and powerful—the corporate tax cut, the S-corporation pass through for rich people who set up partnerships, the deducations for dividends on foreign earnings, and the inheritance tax cuts—and take in about $3 trillion. If the next relief bill simply has to be capped at $1 trillion, then you could do $4 trillion in spending and add these measures in and hit that number.

Again, I think it’d be ridiculous to offset anything for emergency relief. But playing by the rules set up by the White House isn’t an obstacle, thanks to the trillions of dollars in offsets Trump created with his tax law. There is also a case to be made that rebalancing the inequality baked into the tax code is good public policy anyway, and if it can facilitate critical crisis spending under the stupid strictures of straitjacket budget politics, all the better.

Unfortunately, Chuck Schumer is trying to leverage the new bill to get a tax cut for well-off people, particularly in his own state, by removing the cap on the state and local tax deduction imposed in the Trump tax cuts. That was also in the Heroes Act (albeit just a two-year suspension). There’s no need whatsoever for this kind of long-term help for people who itemize when the unemployed and the poor are in desperate trouble right now. Wealthy people don’t need another champion to engage in special pleading for them.

David Dayen of The American Prospect reports in his series “Unsanitized” that Mitch McConnell and Senate Republicans are hammering out a new coronavirus relief bill, but its main beneficiaries will be businesses and hospitals that want liability protection. Are you surprised?

There might be funding to help schools reopen but it will likely be too little and too late. It’s tough to plan an opening in late August or early September in the midst of a pandemic when the money to pay for health measures does not yet exist.