Scarlet Fever Sets Seattle's School Board Against Its Health Board
With scarlet fever alarming physicians, the board of health claims power to close the public schools—and the school board is not convinced the charter gives it that right.
The controversy between the school board and the board of health has arisen through a conscientious intention to do right. It will therefore be settled in a manner becoming good citizens and gentlemen.
The board of health considered it the duty of that body to take summary steps to avert the spread of scarlet fever, which is one of the most virulent enemies childhood has in this part of the country. Smallpox and typhoid fever, usually the terrors of the unhealthy season, are not feared by local physicians, but scarlet fever puts them on the alert. A very serious responsibility rests upon the board of health, and no delicacy on its part in dealing with other interests would be admitted by bereaved parents as an excuse for failing to strictly enforce its authority. Perhaps the board of health should be the branch of government charged with the necessary power to close the schools in times of epidemic, but it hardly seems as if the law warranted such an assumption now. The charter requires the health officer to report to the superintendent of schools and the superintendent of the public library the names and addresses of persons suffering from contagious or infectious diseases, and it empowers those superintendents to refuse admission to public schools or library of any member of a household so afflicted. There the charter stops. It does not seem to convey the power to close either of these public institutions.
The school board is composed of sensible men who would not willingly jeopardize the health of several hundred children; and we have no fear that if they became convinced by an increase in the number of cases, or even upon the representation of the board of health, that any risk is being run, they will allow any false notion of dignity to stand in the way.
Last evening Corporation Counsel Scott rendered an opinion that the board of health has sufficient implied power under the charter to close the schools, and his official opinion, sustained as it is by authority, is entitled to respect. He does not, he admits, take the position that there is "any legislative authority expressly conferring upon the board the power to prevent the use of a school building for school purposes in order to prevent the spread of contagious diseases, but if the disease is of such an alarming nature that it is liable to affect the public health, and the coming together of the children in large numbers from the infected district may cause the disease to get beyond control and to spread to other portions of the city, then I do assume that it is a reasonable rule or regulation for the board of health to order the school to be closed that such danger may be averted and thereby preserve the public health."
In this view of the case, and it certainly ought to have recognition, the board of health is right; and as the safer plan is to adopt Mr. Scott's view, the school board can, without loss of dignity, comply with the request of the sanitary department.
“The school board is composed of sensible men who would not willingly jeopardize the health of several hundred children.”
The fight was not over whether scarlet fever was dangerous—both boards agreed—but over who had legal authority to close schools during an epidemic. That tension between public health emergency powers and school governance still surfaces in debates over closures, mandates and local control.
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