Special Update from State Superintendent Balow

Wyoming Department of Education > Superintendent's Weekly Update > Special Update from State Superintendent Balow

Dear Superintendents,

In my update last week I mentioned the OSHA Emergency Temporary Standard (ETS) that the Biden Administration is implementing. We have received some inquiries about what exactly school districts should do. I want to be clear that I oppose this mandate. Second, I am following the lead of the Governor and Attorney General on how Wyoming will handle the situation. Third, since my update, over the weekend we learned that the federal 5th Circuit Court of Appeals has issued a stay against the ETS. The decision gives some momentum to states like Wyoming who are pushing back against the ETS.

I provided the information to keep you informed in real time on the matter. I will continue to provide you with updates as they come my way. It is both my hope and belief that the vaccine mandate will not come to pass for Wyoming’s school staff, but you should consult with your school district attorney on how best to handle the conflicting opinions of the federal government and state governments.

Here are a few resources for additional or more in-depth information (some included in last week’s update):

OSHA ETS 2021-23643.pdf (federalregister.gov)

White House Fact Sheet

OSHA State Plans

Additional materials provided by the U.S. Department of Labor

Nat’l Law Review article on 5th Circuit stay

Governor Gordon’s media release

Sincerely,

Blue Balow Signature