Function by Function
Each of the twelve functions of an education or child care employer was reached by orders in each of the six quarters, and for each the modification the orders compelled is named and the determination made. Where a function was closed outright the operation was terminated for the period; where it was cut to a cohort, a ratio, a date or a face-covering and exposure-control regime it was interrupted; where its restoration was governed by the orders' own steps it was delayed. Each is a partial suspension in the words the United States agreed to and Tri-State fixed.136
IN, in-person instruction
The instruments that reached in-person instruction were, by quarter, these. 2020 Q2: the closure orders of every State and the District (Ex. SEC-15-011; Ex. SEC-15-048; Ex. SEC-15-025; Ex. SEC-15-057; Ex. SEC-15-076; Ex. SEC-15-070; Ex. SEC-15-077; Ex. SEC-15-039; Ex. SEC-15-056; Ex. SEC-15-032; Ex. SEC-15-020; Ex. NY-011; Ex. WA-005; Ex. OR-014; Ex. MA-014; Ex. NC-004; Ex. LA-008; Ex. MO-005; Ex. IN-014; Ex. MN-016; Ex. GA-009; Ex. KS-005; Ex. NV-072; Ex. WY-004; Ex. DE-069; Ex. NH-016; Ex. VT-011; Ex. AK-015; Ex. ND-010; Ex. IA-003; Ex. NE-008; Ex. SC-002; Ex. AL-004; Ex. MS-013; Ex. TN-004; Ex. KY-006; Ex. TX-010; Ex. MT-003; Ex. HI-050; Ex. AGY-ST-EDUCATION-HIGHER-ED-003; Ex. AGY-ST-EDUCATION-HIGHER-ED-038) and the stay-at-home orders that confined the campuses (Ex. UT-004). 2020 Q3: the reopening orders fixing dates and conditions (Ex. SEC-15-019; Ex. AZ-021; Ex. SEC-15-053; Ex. SEC-15-052; Ex. SEC-15-014; Ex. IL-020; Ex. MN-028; Ex. OR-022; Ex. VT-028; Ex. WV-044; Ex. IA-020; Ex. KS-033; Ex. TX-052; Ex. NV-018; Ex. CT-026; Ex. NY-035; Ex. ME-036; Ex. DE-029) and the metro orders barring on-campus instruction (Ex. MET-LA-009; Ex. MET-DFW-049; Ex. MET-HOU-040; Ex. MET-SAT-036; Ex. MET-SAC-023; Ex. MET-IND-026; Ex. MET-MKE-012). 2020 Q4: the winter re-closures (Ex. KY-034; Ex. MI-061; Ex. NM-046; Ex. WV-052; Ex. MET-IND-035; Ex. MET-NYC-039; Ex. MET-NYC-044; Ex. MET-PHL-010). 2021 Q1: the closures through their expiry and the return orders (Ex. NM-049; Ex. KY-037; Ex. IA-045; Ex. WV-062; Ex. NH-034; Ex. AZ-035; Ex. NC-033; Ex. OR-039; Ex. AGY-ST-EDUCATION-HIGHER-ED-068; Ex. NV-033). 2021 Q2: the return statutes (Kansas's Senate Bill 63 (2021); Ex. SC-044; Ex. NH-037) and the 2020-21 conditions to their expiry (Ex. OH-048; Ex. TX-031; Ex. CO-052; Ex. IL-035; Ex. DE-039; Ex. NC-030; Ex. VA-017; Ex. VA-029; Kansas's Senate Bill 40, whose emergency framework ran to June 15, 2021). 2021 Q3: the second-round face-covering and exposure-control orders, the staff orders, the prohibitions and the county and district orders (Ex. SEC-15-024; Ex. WA-075; Ex. OR-045; Ex. IL-040; Ex. NV-041; Ex. NV-042; Ex. SEC-15-074; Ex. CT-050; Ex. NJ-055; Ex. KY-052; Ex. AGY-ST-EDUCATION-HIGHER-ED-029; Ex. DE-044; Ex. RI-055; Ex. NM-068; Ex. MA-071; Ex. NY-073; Ex. PA-042; Ex. DC-057; Ex. HI-043; Ex. SEC-15-047; Ex. FL-063; Ex. TN-036; Ex. SEC-15-045; Ex. IA-046; Ex. OK-043; Ex. SC-045; Ex. UT-045; Ex. AGY-TERRITORIES-112).
The modification and the determination
Closure of every classroom in 2020 Q2; a State-fixed reopening date and cohort, distance and face-covering conditions in 2020 Q3; closure again by name in eight jurisdictions in 2020 Q4; a State-fixed return date in 2021 Q1; the 2020-21 conditions to the end of the school year in 2021 Q2; face coverings, quarantines, staff exclusion and, in eight States, a prohibition on the school's own rule, one infection-prevention and exposure-control regime, in 2021 Q3. The operation of in-person instruction was partially suspended in each of the six quarters because of those instruments.137
RL, remote learning
Remote learning was compelled and governed by the Remote Learning Day declarations and rules of Illinois, the Distance Learning Periods of Minnesota, the distance-learning orders of Oregon, New Hampshire, Oklahoma, Kentucky and Arizona, the virtual-instruction orders of the districts, and the 2020-21 orders that required schools to offer remote instruction to every family that chose it (Ex. AGY-ST-EDUCATION-HIGHER-ED-030 (the emergency rule); Ex. AGY-ST-EDUCATION-HIGHER-ED-033; Ex. AGY-ST-EDUCATION-HIGHER-ED-012 (the State Board's recommendations, cited as context); Ex. MN-009; Ex. MN-016; Ex. OR-014; Ex. NH-002; Ex. AGY-ST-EDUCATION-HIGHER-ED-038; Ex. KY-034; Ex. SEC-15-019; Ex. SEC-15-014 ¶ 7; Ex. WA-045; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-005; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-007; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-046; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-048; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-050; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-013 (the districts' announcements of their virtual-instruction decisions, cited as context); Ex. IA-044; North Carolina's S.L. 2020-3; Ex. NC-032).
The modification and the determination
Remote learning was compelled in place of the classroom in 2020 Q2, compelled as a second system beside the classroom in 2020 Q3 through 2021 Q2, and compelled again for every quarantined class in 2021 Q3 (Houston's virtual instruction for quarantined students from August 30, 2021, as the district's announcement records; North Carolina's statute authorizing remote learning for outbreaks; Guam's suspension). A compelled substitute that earns no laboratory, studio, athletic, housing or dining revenue is not a continuation of the operation the school sold; it is the portion the orders left it. The operation of instruction was partially suspended in each quarter because of those instruments, and the Notice's own transition-period rule treats the compelled move to remote operation as itself a suspension where it takes more than about two weeks.138
EC, extended care and child care
The instruments that reached extended care and child care were, by quarter, these. 2020 Q2: the emergency-only orders (Ex. SEC-15-012; Ex. SEC-15-071; Ex. MA-006; Ex. MA-013; Ex. PA-083; Ex. MD-034; Ex. DE-011; Ex. VT-005; Ex. OR-007; Ex. OR-013; Ex. ECO-B-081; Ex. WY-004; Ex. RI-089; Ex. DC-083; Ex. KY-070) and the ratio orders (Ex. CA-046; Ex. MET-SAN-003; Ex. MO-045; Ex. SEC-15-049; Ex. CO-063; Ex. OH-065; Ex. OH-066; Ex. NE-047; Ex. MT-025; Ex. WA-022; Ex. ME-010). 2020 Q3 and Q4: the reopening conditions and camp orders (Ex. SEC-15-013; Ex. MA-022; Ex. SEC-15-071; Ex. OH-024; Ex. OH-067; Ex. KY-070; Ex. NY-113; Ex. RI-089; Ex. NH-052; Ex. LA-052; Ex. AR-085; Ex. IN-038; Ex. SEC-15-069). 2021 Q1 and Q2: the same to their stepped expiry (Ex. KY-070; Ex. MD-034; Ex. OR-013; Ex. ME-058; Ex. DE-039; Ex. NJ-079; Ex. NH-052). 2021 Q3: the child care face-covering, exposure-control and staff orders (Ex. SEC-15-080 ¶ 3; Ex. KY-054; Ex. IL-040; Ex. DE-045; Ex. DE-066; Ex. NJ-058; Ex. CT-054; Ex. SEC-15-043; Ex. MET-DEN-024; Ex. MET-DEN-082; Ex. MET-DEN-102; Ex. MET-DET-013; Ex. MET-DET-015; Ex. MET-DFW-028; Ex. MET-HOU-038; Ex. MET-NYC-043; Ex. SC-058; Ex. SC-061; Ex. DC-057; Ex. DC-076; Ex. NJ-079; Ex. OR-058; Ex. NE-047; Ex. ME-010).
The modification and the determination
Termination of service to every family outside the essential list in at least twelve States and the District in 2020 Q2; ratios and stable groups of ten or fewer that cut licensed capacity everywhere; reopening only on attestation and under standards in 2020 Q3; face coverings on every adult and, from August 2020 in Ohio and from August 2021 in Kentucky, Delaware, New Jersey, Illinois, Connecticut, Denver and the District, on the children, as one of the infection-prevention and exposure-control conditions imposed beside screening and exclusion; vaccination or weekly testing of every worker in Connecticut, Washington, New Jersey, New York City and the District from the third quarter of 2021. The Bureau of Labor Statistics counted 372,000 jobs lost in two months and 138,800 still lost in September 2021. The operation of extended care and child care was partially suspended in each of the six quarters because of those instruments.139
TR, transport
Transport was reached by the closure orders that idled every route (2020 Q2); the State school infection-prevention orders whose face-covering requirements reached school buses (Ex. SEC-15-069 ¶ 1(d); Ex. UT-019; Ex. SC-057; Ex. NV-023) (2020 Q3 through 2021 Q2); the federal conveyance order and its directives from February 1, 2021 (Ex. FED-020; Ex. FED-050; Ex. FED-051; Ex. FED-052) (2021 Q1 through Q3); Kentucky's, Rhode Island's, Louisiana's, South Carolina's and the districts' 2021 bus orders (Ex. SEC-15-080 ¶ 2; Ex. RI-057; Ex. SEC-15-074 § 3(B); Ex. MET-MSY-080; Ex. MET-ATL-065; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047); Indiana's bus-inspection order (Ex. IN-018); Washington's transportation proclamation (Ex. WA-045); the transit agencies' reductions and rules that governed the workforce's commute (Ex. ECO-B-097; Ex. ECO-B-098; Ex. ECO-B-099; Ex. MET-BAL-105; Ex. MET-BAL-107).
The modification and the determination
Idled routes in 2020 Q2; riders under the face-covering and distancing requirements that the States' school infection-prevention and exposure-control orders extended to every bus from the summer of 2020; riders under the federal conveyance order, an airborne-transmission control on every conveyance in the United States, on every day from February 1, 2021 through September 30, 2021. The operation of transport was partially suspended in each of the six quarters because of those instruments.140
FS, food service
Food service was reached by the closure orders that ended congregate feeding while permitting meal distribution (Ex. SEC-15-011 ¶ 4; Ex. SEC-15-025 § 1; Ex. SEC-15-020 ¶ 8; Ex. SEC-15-077 ¶ 3); the nationwide child nutrition waivers of 2020, 2020-21 and 2021-22 and the P-EBT rule (Ex. AGY-FED-HEALTH-OTHER-100; Ex. AGY-FED-HEALTH-OTHER-101; Ex. AGY-FED-HEALTH-OTHER-098); the reopening orders' classroom-meal, staggered-lunch and distancing conditions (Ex. SEC-15-014; Ex. IL-020; Ex. CT-072; Ex. NY-122); the 2021 face-covering orders' exceptions for eating and drinking (Ex. SEC-15-074 § 3(C); Ex. SEC-15-015).
The modification and the determination
Conversion of congregate meals to curbside distribution under federal waiver in 2020 Q2 and Q3; classroom meals, staggered lunches and distanced seating in 2020 Q3 through 2021 Q2; service in 2021 Q3 under the face-covering and exposure-control requirements of the second-round school orders, with their exceptions for eating and drinking. The operation of food service was partially suspended in each quarter because of those instruments.141
AC, athletics, activities and events
Athletics, activities and events were reached by Michigan's suspension of every K-12 sport and extracurricular activity for the duration of the emergency (Ex. SEC-15-051 § I.A); New Mexico's cancellations and postponements (Ex. AGY-ST-EDUCATION-HIGHER-ED-039; Ex. AGY-ST-EDUCATION-HIGHER-ED-040); Minnesota's sports pause (Ex. MN-032); West Virginia's sports and graduation orders (Ex. WV-037; Ex. WV-039; Ex. WV-054; Ex. WV-056); Massachusetts's sector rules (Ex. AGY-ST-EDUCATION-HIGHER-ED-036); California's youth sports rules (Ex. AGY-ST-EDUCATION-HIGHER-ED-015); Nebraska's and Arkansas's directives (Ex. NE-036; Ex. AR-072; Ex. AR-071); Mississippi's event caps (Ex. MS-035; Ex. MS-052); Tennessee's spectator orders (Ex. TN-029); the District's high-contact sports prohibition (Ex. DC-080); Jefferson County's and Yellowstone County's orders (Ex. MET-DEN-086; Ex. MET-DEN-102; Ex. MT-046); the camp orders (Ex. AR-046; Ex. AR-085; Ex. SEC-15-013; Ex. DE-045); the gathering caps of every State (Ex. SEC-15-062; Ex. CT-002; Ex. NC-002); Louisiana's athlete exemption from the indoor face-covering requirement, the general airborne-transmission control that bound everyone else in the gymnasium (Ex. SEC-15-074 § 3(C)(8)); the 2021 student vaccination orders and announcements (Ex. MET-NYC-037; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-031 (Los Angeles Unified's resolution of September 9, 2021); Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-053 (Fairfax County Public Schools' announcement of August 30, 2021; requirement effective November 8, 2021, after the claim period); Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-018 (Prince George's County Public Schools' announcement, cited as context)).
The modification and the determination
Cancellation of every season, ceremony and camp in 2020 Q2; conditioned resumption under sector rules and caps in 2020 Q3; pauses by name in 2020 Q4 and 2021 Q1; caps to their expiry in 2021 Q2; face-covering and exposure-control requirements, vaccination conditions and gathering rules in 2021 Q3. The operation of athletics, activities and events was partially suspended in each quarter because of those instruments.142
AD, admissions, tours and enrollment
Admissions were reached by the stay-at-home orders that closed every campus to visitors (Ex. NY-011; Ex. ECO-B-081; Ex. PA-006; Ex. MET-SFO-001; Ex. MET-LA-028); the SEVP terms of March 9 and July 6-14, 2020 and their continuation (Ex. SEC-15-004; Ex. SEC-15-005; Ex. AGY-FED-LABOR-IMMIGRATION-071; Ex. AGY-FED-LABOR-IMMIGRATION-073); the entry proclamations, the pre-departure test order and the border notices (Ex. FED-200; Ex. FED-201; Ex. FED-207; Ex. FED-208; Ex. FED-042; Ex. FED-232; Ex. FED-233; Ex. FED-038); the Department of Education's interruption guidance (Ex. AGY-FED-LABOR-IMMIGRATION-084); Nevada's enrollment condition (Ex. NV-055); Oklahoma's SB 658 admission provisions (Ex. OK-043).
The modification and the determination
Closed campuses and remote recruitment in 2020 Q2 and Q3; a closed international pipeline in every quarter from 2020 Q2 through 2021 Q3; a 13.1 percent fall in first-time enrollment in fall 2020 (Ex. SEC-15-007). The operation of admissions was partially suspended in each quarter because of those instruments.143
CP, campus housing and dining
Campus housing and dining were reached by New Jersey's Executive Orders 104, 155 and 175 (Ex. SEC-15-011 ¶ 3; Ex. SEC-15-018; Ex. SEC-15-014 ¶ 13); Washington's Proclamation 20-12 series (Ex. WA-008; Ex. WA-038; Ex. WA-046; Ex. WA-071; Ex. WA-074; Ex. WA-081); Oregon's Executive Orders 20-09, 20-17 and 20-28 (Ex. OR-059; Ex. OR-060; Ex. OR-021); Georgia's and Virginia's closures (Ex. SEC-15-039; Virginia's Executive Order 55 of March 30, 2020); Minnesota's Executive Orders 20-52 and 20-85 (Ex. MN-019; Ex. MN-029); Michigan's epidemic orders closing colleges (Ex. MI-061; Ex. MI-062); Denver's higher-education orders (Ex. MET-DEN-037; Ex. MET-DEN-015; Ex. MET-DEN-023); Utah's campus testing order (Ex. AGY-ST-EDUCATION-HIGHER-ED-046); California's institutions-of-higher-education guidance (Ex. AGY-ST-EDUCATION-HIGHER-ED-009); New York's higher-education guidance (Ex. NY-112); Rhode Island's Executive Order 21-04 (Ex. RI-033); Arizona's Executive Order 2021-15 (Ex. AZ-043); Illinois's 2021 higher-education vaccination-or-testing orders (Ex. ECO-B-080; Ex. SEC-15-027); Washington's 21-14.1 (Ex. WA-079); Delaware's 2021 order with its residence-hall clause (Ex. SEC-15-067 § 7.7.1.4); Philadelphia's higher-education regulation (Ex. MET-PHL-021); the Key to NYC rule at every campus venue (Ex. MET-NYC-017).
The modification and the determination
Emptied dormitories and dining halls in 2020 Q2; reopening only under submitted plans in 2020 Q3; closures again in Michigan and Denver in 2020 Q4; conditions to their expiry in 2021 Q1 and Q2; requirements, vaccination orders and enrollment conditions in 2021 Q3. The operation of campus housing and dining was partially suspended in each quarter because of those instruments.144
HR, hiring, screening, training and credentialing
Hiring, screening, training and credentialing were reached by the 2020 orders closing licensing and fingerprinting counters and waiving educator and child care rules (Ex. WA-022; Ex. ND-055; Ex. DE-020; Ex. NE-047; Ex. ME-010; Ex. SD-007; Ex. SD-013; Ex. ID-017; Ex. MT-036; Ex. MT-037); the daily screening, exclusion and testing rules of 2020-21 (Ex. SEC-15-014; Ex. IL-020; Ex. TX-052; Ex. OK-029; Ex. MET-BOS-059; Ex. NH-052); the 2021 vaccination-or-testing orders (Ex. SEC-15-023; Ex. SEC-15-043; Ex. OR-052; Ex. SEC-15-034; Ex. CT-056; Ex. SEC-15-016; Ex. SEC-15-027; Ex. NY-075; Ex. SEC-15-037; Ex. MET-NYC-043; Ex. NM-068; Ex. NM-071; Ex. DC-076; Ex. MET-DEN-023; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-052; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-017 (the district's announcement, cited as context); Ex. MET-DET-046; Ex. HI-046; Ex. MET-DEN-102); Rhode Island's staffing order (Ex. RI-062); the federal contractor orders (Ex. FED-272; Ex. FED-063; Ex. FED-278).
The modification and the determination
Suspended credentialing in 2020 Q2; daily screening and exclusion in 2020 Q3 through 2021 Q2; vaccination verification, weekly testing of the unvaccinated and, in Washington and Oregon, exclusion of every unvaccinated worker in 2021 Q3. The operation of hiring, screening, training and credentialing was partially suspended in each quarter because of those instruments.145
OP, office, administration and telework
The office was reached by the general telework, closure and workplace orders of every State (Ex. NY-011; Ex. OR-007; Ex. OH-019; Ex. PA-006; Ex. CO-013; Ex. MN-032; Ex. ECO-B-045; Ex. ECO-B-121; Ex. SEC-15-077 ¶ 2); the reopening orders' occupancy, screening and face-covering rules; the 2021 indoor face-covering orders, airborne-transmission controls on every indoor workplace, reaching every office (Ex. NV-042 (offices and breakrooms); Ex. ECO-B-080; Ex. SEC-15-074; Ex. DC-057; Ex. MET-LA-018; Ex. MET-CHI-026; Ex. MET-STL-021); the federal workplace principles (Ex. FED-060; Ex. FED-270; Ex. FED-272).
The modification and the determination
Telework by order in 2020 Q2; capped and screened offices in 2020 Q3 through 2021 Q2; offices under the 2021 indoor face-covering orders, airborne-transmission controls on every indoor workplace, in 2021 Q3. The operation of the office was partially suspended in each quarter because of those instruments.146
WF, workforce availability
The workforce was reached by the closure orders on its own children in every quarter; the paid-leave mandate from April 1 to December 31, 2020 (Ex. FED-170; Ex. FED-171; Ex. FED-172); the quarantine and isolation standing orders (Ex. MET-SAN-023; Ex. MET-SAN-024; Ex. MET-STL-067; Ex. SC-062; Ex. RI-060; Ex. IL-045; Ex. MET-LA-068); the eviction moratoria (Ex. FED-025; Ex. FED-026); the transit orders (Ex. FED-020; Ex. ECO-B-097); the 2021 staff orders above; the emergency child care directives that answered the workforce problem the closures created (Ex. SEC-15-020 ¶ 10; Ex. SEC-15-049; Ex. ND-015; Ex. VT-005; Ex. CO-063).
The modification and the determination
Staff at home with their own children by order in 2020 Q2 and every remote quarter thereafter; staff excluded for ten to fourteen days per exposure in every quarter from 2020 Q3; staff on mandated paid leave through 2020 Q4; staff subject to vaccination or testing from 2021 Q3. The Federal Reserve reported child care availability as a constraint on labor supply in September 2021 (Ex. ECO-B-090). The availability of the workforce was partially suspended in each quarter because of those instruments.147
CB, families, the customer base and its payers
The customer base was reached by the stay-at-home and telework orders on the families (Ex. NY-011; Ex. ECO-B-081; Ex. PA-006; Ex. CA-013; Ex. CO-013; Ex. WI-002; Ex. MET-SFO-001; Ex. MET-LA-028; Ex. MET-STL-006; Ex. MET-DEN-005); the closure and virtual-instruction decisions of the districts that contract for services, established through the boards' resolutions and authorizations (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-001; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-006; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-028) and recorded in the districts' announcements (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-045; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-050; Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-013, cited as context); the federal payer instruments (Ex. AGY-FED-HEALTH-OTHER-089; Ex. AGY-FED-HEALTH-OTHER-093; Ex. AGY-FED-HEALTH-OTHER-098; Ex. AGY-FED-HEALTH-OTHER-101); the entry orders on the international families (Ex. FED-207; Ex. FED-208); the quarantine orders on every exposed household.
The modification and the determination
Confined families in 2020 Q2; families choosing remote or hybrid models under State frameworks in 2020 Q3 through 2021 Q2; families under face-covering, quarantine and vaccination rules and, in eight States, under a rule the school was forbidden to set, in 2021 Q3. Under the statute's text, Q&A-12's logic and the United States' admission, an order that confines the customer or closes the contracting district is an order limiting commerce, and the operation suspended because of it is suspended due to it. The commerce with the customer base was partially suspended in each quarter because of those instruments.148