More than 100 Minnesota schools reported COVID-19 infections last week, a number that continues to grow as students and staff return to in-person learning amid a surge of cases caused by the highly infectious delta variant.
State health and education officials reiterated their calls for universal indoor masking, social distancing, COVID-19 testing and vaccinations for those eligible as the number of facilities with at least one infection increased to 106 from 75 the previous week and 38 the week before that.
"We do remain concerned about the growth of cases in school and child-care settings and the broader implications that has for more cases in those settings and community transmission," said Minnesota Department of Health Commissioner Jan Malcolm.
The majority of infections had been in school staff until last week, when classes resumed at many schools and 75 students tested positive for the coronavirus that causes COVID-19, along with 51 teachers or staff members, according to preliminary numbers released by the Minnesota Department of Health on Thursday. Cases are counted if staff members or students were infected in any setting, but then were in school buildings when they could have spread the virus to others.
Although school-related cases are far below the peak reached during last fall's surge, when 936 school facilities reported 1,760 infections shortly before Thanksgiving, health officials are concerned that case growth could accelerate due to the delta variant, which now accounts for 99% of new infections.
"Delta is so much more infectious than what we were seeing a year ago," said Kris Ehresmann, state infectious disease director.
With the expiration of the public health emergency, Gov. Tim Walz does not have the power to mandate mask-wearing or vaccinations, leaving those decisions to each school district.
"I know that these issues are polarizing and the decisions have not been easy and many of our school communities have experienced extremely contentious school board meetings," said Minnesota Education Commissioner Heather Mueller.
One group of parents filed a lawsuit seeking to force Walz to mandate masks in all public schools.
In a virtual court hearing Thursday afternoon, Michael Vanselow, an attorney for the group Parents Advocating for Safe Schools, argued that the lack of a universal mask requirement in schools leaves students as "sitting ducks in unsafe schools" and violates their right to an "adequate education," as provided in the state Constitution. But Solicitor General Liz Kramer, representing Walz and the state of Minnesota, said the court lacks standing to force the governor to make moves that fall under his discretion.
Through his questions to the attorneys, Judge Thomas Gilligan indicated that the group's lawsuit might not go much further. Gilligan said previous Minnesota court decisions had made clear that setting educational policy was the work of the legislative branch of government, not the executive. The judge said he would issue a ruling soon.
"That's the elephant in the room," he told Vanselow. "You didn't sue the right party."
The hearing held over Zoom attracted close to 500 spectators, including many who changed their displayed names to "No Masks" or other phrases indicating their opposition to any mask-related requirements. Several listed themselves as members of the group that filed the lawsuit.
Children are at substantially lower risks of severe COVID-19, but health officials are concerned that this relatively unvaccinated population could spread the virus and upset glimmers of progress in the latest pandemic wave.
The state's reported positivity rate of COVID-19 diagnostic testing has hovered at 6.6% for more than a week. While that is above the state's 5% caution threshold for substantial viral spread, the lack of growth is progress after the rate had sharply increased from a low of 1.1% in late June.
The Minnesota Department of Health on Thursday reported nine COVID-19 deaths and 1,215 coronavirus infections, raising the state's pandemic totals to 7,874 deaths and 664,459 infections. All of the newly reported deaths occurred in September and involved senior citizens, who have suffered 87% of the state's total COVID-19 fatalities.
COVID-19 hospitalizations in Minnesota increased to 663 on Wednesday — with 178 patients needing intensive care due to breathing problems or other complications. The hospital numbers remain below peaks in the fall wave (1,864) and spring wave (699), but health system leaders are reporting challenges in moving patients out of emergency rooms and into inpatient beds.
While Minnesota's typical occupancy rate for its intensive care beds is at or slightly above 90%, that rate rose to nearly 95% on Wednesday.
Despite the increase in pre-K-12 facilities, infections have not increased so far in colleges and institutions of higher learning. The preliminary total of 53 such institutions with confirmed coronavirus infections over the past two weeks represents a decline from the previous two weeks in early August. Ehresmann said high levels of vaccination coverage in many colleges appear to be making a difference.
Staff writer Erin Golden contributed to this report.
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