H.N.

I. BACKGROUND

A. State COVID-19 Guidance In March 2020, in response to the COVID-19 pandemic, Governor Newsom declared a state of emergency. In a series of executive orders related to the pandemic, the Governor confirmed the authority of the California Public Health Officer “to take any action she deems necessary to protect public health in the face of the threat posed by COVID-19” and exercised his authority under the Emergency Services Act (§ 8550 et seq.) to suspend application of the Administrative Procedure Act (APA) (§ 11340 et seq.)

2 to the Public Health Officer’s COVID-19 directives. (Governor’s Exec. Order No. N-60- 20 (May 4, 2020) p. 3, ¶ 2 [citing § 8571]; id. pp. 2-3, ¶ 2 [authorizing actions by the Public Health Officer].) Subsequently, the Governor expressly recognized the authority of local health officers “to establish and implement public health measures . . . that are more restrictive than, or that otherwise exist in addition to, the public health measures imposed on a statewide basis . . . .” (Governor’s Exec. Order No. N-07-21 (June 11, 2021) p. 2, ¶ 4.) In August 2021, the California Department of Public Health (CDPH) issued guidance requiring K-12…