September 29, 2020

Governor Bill Lee:

Good afternoon. Thank you for joining us for our briefing today. We'll start off talking about something that's been a very important part of our response to COVID-19, and that is testing and the latest important development on testing in our country. President Trump announced that every state will begin receiving weekly allocations of a Rapid Point-of-Care Test that we can use here in Tennessee, as we think is important. Tennessee will receive our first shipment next week. That will be about 150,000 tests. And these are, as I said, rapid tests, they're Point-of-Care Tests, and they will be used,, importantly for us in the continued reopening of schools. There also be opportunity for these to be used in the continued strong approach that we've had toward protecting the elderly in nursing homes and long-term care facilities.

Governor Bill Lee:

So we just received notification of this. We'll be receiving our shipments, and we'll be developing a plan for distribution over the next several days, so that we will know how to use these tests most effectively in our state, but it's good news for us. It will help us in what we believe is a continued effort of testing. We've had a strong testing approach in this state, and we think it's fared us well. And we now have the opportunity for more testing.

Governor Bill Lee:

I said we would be using it for opening schools. I want to mention a little bit about what I did yesterday, which was visit Starkey Elementary School in Knox County and Anderson County High School. Let me just say it is a particularly challenging job right now for teachers, for principals, for superintendents, for educators, for those working in schools, administrators, it's a tough job, but they are rising to the challenge. I saw it firsthand yesterday.

Governor Bill Lee:

I got to visit with kids in kindergarten, got to visit with kids all the way up through high school. Talked to them about their experience of in-person learning. I talked to kids online in a virtual classroom. I saw teachers teaching virtually and teaching in person. I saw teachers actually doing both, teaching a classroom in person while there was a virtual class going on at the same time. I just have to say that I'm very proud of the work that's being done in our schools. These couple of schools are an indicator of what's happening all across Tennessee.

Governor Bill Lee:

We all know, and we're knowing with increasing clarity, that in-person learning is very important, particularly as we evaluate learning loss. And we also know the value of a teacher and the role that they are playing, as we assess education all across the state. So we had a really good visit yesterday, and I was really proud of what I saw.

Governor Bill Lee:

I want to talk next about the state of emergency here in Tennessee. So we're approaching the end of the month, and we've been evaluating our state of emergency. All 50 States in this country right now are under a state of emergency and are continuing those. We've been under state of emergency for seven months now. It's allowed us to respond more rapidly because of the ability to lift restrictions and regulations. It's allowed us to have access to federal funds for the programming and the efforts that we think are most important in our state to fight the spread of COVID-19. It's also allowed us to keep our healthcare capacity stable because we are allowed, because of the state of emergency, to lift some regulations on healthcare providers, so that we can keep our capacity stable. And it has remained stable throughout the pandemic. And we're very grateful for that.

Governor Bill Lee:

So in spite of the fact that we've had a state of emergency, I think that we have taken one of the most targeted approaches to the pandemic in the country, eliminating the need for prolonged business closures or extended school closures. We were one of the last states to shut down, one of the first ones to open up. And it's been very important to me that we take a targeted approach that's not overreaction, but it is actually a reaction to what's happening on the ground. And that's been our approach. So as our national state of emergency continues, I'll extend Tennessee's state of emergency for another 30 days.

Governor Bill Lee:

I do want to highlight that while we're extending that state of emergency, we are removing all business restrictions in the 89 counties for which the health departments are controlled by Tennessee, by the state.

Governor Bill Lee:

It's also important to remember that while we lift all business restrictions, we don't remove the affirmation to business owners that they should follow safe practices. We've updated the Tennessee Pledge. That will be republished this week. It's updated, refreshed to provide continued guidance to businesses on how to keep their employees safe, how to keep their customers safe. We need to continue to all do the things that will keep us safe and including our businesses as we lift those restrictions.

Governor Bill Lee:

There also no longer will be any restrictions in those 89 counties on gathering sizes. Gatherings are not one size fits all. It's become unnecessarily complex to keep those restrictions in place. And really, after six months, Tennesseans have learned how to assess risk and how to take the right steps to protect themselves and those around them.

Governor Bill Lee:

It's also important to remember through these restrictions being lifted that it's important that people wear masks. Masks fight COVID-19. We know that. We want to encourage Tennesseeans to continue to do that. As such, we will continue to give county mayors the authority to impose those restrictions as they see fit in their communities. County mayors have been good stewards of this authority and it has been a part of our strategy to provide local decision-making throughout this pandemic and we'll continue in that way.

Governor Bill Lee:

We'll now move to reports. We have Dr. Piercey with the Department of Health here and Commissioner Schwinn with the Department of Education. So why don't we begin with you, Dr. Piercey?

Dr. Piercey:

Thank you, Governor. Good afternoon. I have several just various little updates today. The first one was also the Governor's top line, which is the rapid Abbott [inaudible 00:19:41] NOW test. Yesterday, President Trump announced from the Rose Garden that the federal government has procured 150 million of these tests, and as the Governor mentioned, distribution will begin next week.

Dr. Piercey:

Tennessee is scheduled to receive over 2 million of these tests between now and the end of the year. The first shipment, the exact total we've been told is 133,000 within the next week. And then that continues on a weekly basis on a per capita distribution through the end of the year.

Dr. Piercey:

Let me tell you a little bit about these tests and how they're different than what you may have heard about earlier in the year. So these are very low cost tests. These are about $5 to $6 a piece. Compare that to a traditional swab, which is $100 a piece, this is a significant drop in cost, which that's one benefit.

Dr. Piercey:

Another one is that this is a rapid test that can turn around results in 13 to 15 minutes. Now, we've had some of those on the market, but the differentiator here is these are done in the field. They don't require any equipment. They don't require any machinery. They can be done just with trained personnel. And it's not major training, it's just training on how to run the test.

Dr. Piercey:

I'm not sure if you saw the demonstration yesterday from the White House, but it's a card and it comes with a swab. And the swab, fortunately, is in the front of the nose. It's the nasal swab, not the nasal pharyngeal swab that has to go pretty far up. So another differentiator is that it's going to be well tolerated. And then what you do after you get the swab collected, then you put it in this card and then the chemical reaction starts and it becomes a result much like a home pregnancy test. One line or two lines will tell you a positive or a negative.

Dr. Piercey:

I think there's another important differentiator here, that when you immediately hear about rapid point of care test, you might remember that we struggled earlier in the year with getting high sensitivity. Some people sort of inaccurately call that accuracy. It's actually sensitivity, which means if you have the disease, what is the likelihood that your test will result positive?

Dr. Piercey:

The FDA on this test that I just described, the FDA says that for symptomatic people, the sensitivity is 97%. That means if you have symptoms and you get this test, you're 97% likely to have a true positive. That's higher than anything else that's on the market right now. The FDA will also allow these tests to be used in asymptomatic individuals, but to my knowledge, has not yet published the sensitivity level of asymptomatic individuals. So again, very highly sensitive, rapid low-cost field-based test, which has been described by many as a true game-changer.

Dr. Piercey:

Now, what the Governor was mentioning is that we've just been informed of the details of this in the last 24 hours or so. And as you can imagine, we've spent the bulk of the last 24 hours and will spend the majority of the rest of the week and into next week determining distribution methodology with our primary focus, just as the White House intended, on K-12 schools. That's not only getting schools that are currently closed or all virtual reopened, back in person, but also keeping those schools that are open, keeping their students in the classroom whenever possible.

Dr. Piercey:

I also want to give you a couple of updates on some things that we mentioned I think two weeks ago. I think it was about two weeks ago that we talked about new visitation guidance for longterm care facilities. We did roll that out, and then very shortly thereafter, CMS rolled out their guidance. We knew it was forthcoming. And so what we've been doing since that time is determining how those standards align.

Dr. Piercey:

The other thing that we mentioned a couple of weeks ago is the formation of a long-term care task force, as it pertains to COVID-19. I'm happy to announce that that task force had its first meeting this morning and it's very first item of business was ensuring alignment of the state and federal guidelines. They are substantively aligned, but there are a few nuances that may have to be clarified, and those will be forthcoming as soon as we finish our stakeholder review.

Dr. Piercey:

The other thing I want to mention is senior centers, and senior centers really play a vital role of bringing together older Tennesseans. You've heard me talk about, and I know you know probably people in your family or friends circle, that the seniors in particular have struggled with loneliness and isolation. And getting seniors back together in senior centers is really important to overcome these mental health disease burdens of loneliness and isolation, but also to provide physical activity and social activity and emotional connection.

Dr. Piercey:

So we're really grateful for our partnership with the Tennessee Commission on Aging and Disability, or TCAD, and TCAD has been holding trainings and issuing guidance over the last several weeks to guide senior centers on how to reopen safely. Many of the centers are going to be using these protocols to safely welcome back their beloved seniors and we at the Department of Health are looking forward to supporting that.

Dr. Piercey:

And finally, I want to finish my comments by continuing to encourage participation in clinical trials. Now, when you hear about clinical trials, you may automatically think a vaccine, but it's more than just vaccine. It's also convalescent plasma, which you've heard us talk about from this podium before, as well as other therapeutics, specifically, a big term that you may have heard called monoclonal antibodies. I actually got a little bit of an update on all of this development yesterday from Secretary Azar and there is significant progress being made in all three of these sectors of clinical trials.

Dr. Piercey:

Especially, we need volunteers of all types of diversity, age diversity, race and ethnicity, as well as medical conditions. Because these phase three trials help us better determine how these therapeutics are going to perform in the general population. So particularly if you're in one of those diverse communities, we strongly encourage you to consider participating in a clinical trial. And to learn more whether you are appropriate to participate or how to participate, I encourage you to visit coronavirus.gov. Thank you.

Governor Bill Lee:

Thank you, Dr. Piercey. Commissioner Schwinn, why don't you come up and give a report and talk a little bit about school opening and how we're doing in that area?

Commissioner Schwinn:

Thank you. Good afternoon, everyone. I want to start with a brief update on the status of schools in Tennessee. Similar to last week, 93% of districts updated the dashboard. 90% updated COVID numbers. As of this week, there have been 414 new cases and 170 new staff cases in public schools across the state. Both of these counts are ticking down from last week. 127 districts continue to operate on a hybrid schedule based on parent choice for in-person or remote learning for students. 10 districts are operating fully in-person while three districts are operating remote only, and that includes metro Nashville, which is beginning their transition to in-person learning starting this week throughout October and into next semester.

Commissioner Schwinn:

Last week, the Department joined the Governor to talk about learning loss resulting from COVID-19. While we know and agree that the projections for learning loss are concerning, it is important to remember that learning loss after time out of school, especially the extended closures caused by COVID-19, is and should be expected.

Commissioner Schwinn:

What this signals to us at the Department is what we have always known to be true, our teachers and their quality instruction is critical. They are critical for student learning. Teachers are doing their heart's work in the classroom. They are irreplaceable for students. And when students are not receiving that instruction, they are not learning in the same way that we know that they can when they are with their teachers every day.

Commissioner Schwinn:

I think all of us in the education field want to ensure that we are doing everything possible to help identify any learning loss and to make sure that we are supporting our students in the best way possible, and that is happening in every school across the state of Tennessee. People are working incredibly hard to ensure students get what they need and deserve to have a quality education.

Commissioner Schwinn:

In the last eight plus weeks, for some of our districts up to 10 weeks where schools have been in session, we have been excited to be able to be in classrooms this week, joined by Governor Lee, Lieutenant Governor, and Representative Reagan to visit incredible schools in the state. And what we have seen firsthand is that our teachers are working hard, our principals are working hard, and certainly our districts are doing everything they can to ensure our children get exactly what they need.

Commissioner Schwinn:

I could not be more proud of the work that our district leaders and teachers and principals and families are doing to ensure that students can learn safely and in person. We have seen some pretty incredible innovations, innovations that have been... We've been called from a number of states just in the last couple of weeks about the work that is happening in our Tennessee districts. And again, want to reiterate that Tennessee is leading the country in terms of school reopening.

Commissioner Schwinn:

I cannot be strong enough in my praise for the work that is happening in our schools. And to be clear, the months ahead of us, just like the months before, will be challenging. And what I have seen is that when people are working hard, as they are in our public schools, as we have seen students engaged in learning and excited to be back, we will accomplish a tremendous amount on behalf of our children this year and I'm incredibly proud of what is happening. Thank you.

Governor Bill Lee:

Thank you for that. It's encouraging. A lot of encouraging news. We remain cautiously optimistic and very encouraged to have a great deal of hope for any number of directions that our state's taking. And it's because Tennesseeans are stepping up and doing what they're best at doing, which is meeting a challenge. And we're doing so in this state and I'm proud of Tennesseeans I'm encouraged with where we're headed. So let's open it up for a few questions. Natalie?

Natalie:

Good afternoon, Governor. Later this week, the state is going to relax some of its nursing home visitation guidelines and that means that hundreds of nursing homes will be able to resume those visitations. That can mean that there's a possibility for increased infections or even deaths in some of those facilities. Does the state have any metrics that they're going to follow in reversing that decision at some point in time? Would you all eliminate the-

Governor Bill Lee:

Dr. Piercey, I'll let you come up, but let me say broadly that we talked long and hard about the idea of relaxing restrictions for visitation for nursing homes, recognizing that there's a great deal of cost to not allowing folks to visit with their loved ones, emotional costs, physical costs. There's a real price to pay there. So the task before us was to create a structure that would allow visitation, but would continue to protect the elderly and the residents in those nursing homes to do so in a way that's safe and that makes sure that... And we've been committed to protecting the elderly in nursing homes from the very beginning of this pandemic. It's been one of our key focus efforts and we want to continue that way, but I'll say that was the challenge. So I'll let you address as we see any potential changes, what will happen then.

Dr. Piercey:

Yes, your comments and the Governor's comments are spot on. It is something that is going to require continued diligence. But I thought the Governor made a good point in that the risk of infection is not the only risk that these senior citizens and these residents in nursing homes are enduring. They are enduring the risk of isolation, of loneliness, and quite frankly, spending their twilight years away from their families and loved ones who want to visit with them.

Dr. Piercey:

So there are a number of built-in mechanisms to not only scale back automatically, if you will, with the criteria itself, both in our criteria and in the CMS criteria. But this is also specifically something that the task force is charged with doing. So we are watching the metrics on a daily and weekly basis, and if it starts to trend in the wrong direction, then the task force, as well as the Department, will say, "You know what? We need to reevaluate this." And if we need to scale back, we'll be glad to do so.

Natalie:

I'm sorry, what task force are you referring to?

Dr. Piercey:

This is the long-term care task force that we announced a couple of weeks ago. They met this morning.

Natalie:

So they have a set of criteria that they're going to be following with the trends?

Dr. Piercey:

It's the same criteria that is delineated in the state guidance, as well as CMS guidance. Sort of the number one criteria is no cases in the facility within 14 days. CMS also has additional metrics on county positivity rate. And so they scale up or scale back according to those primary two metrics, but those aren't the only two.

Natalie:

Okay, thank you. And Governor, as we're moving into the cold weather months, what's the plan for dealing with what many people say is going to be a second wave? And I guess for that matter, do you expect that there's going to be an increase in cases due to people moving indoors?

Governor Bill Lee:

Yeah, we certainly expect that there will be, with cold and flu season, that we'll have to deal with both of these at the same time. And so again, what we'll do is the continued approach that we've had, which is watch what's actually happening on the ground and make adjustments accordingly. The key piece there being a healthcare capacity. And we've learned a lot about healthcare capacity. We've learned a lot about treatment of COVID patients. We've learned that targeted approaches work there. So we don't know what the future holds with regard to cases. We continue to be optimistic in our state, but we'll deal with the information on the ground and make decisions accordingly.

Natalie:

So, is the state anticipating an increase in COVID cases as [crosstalk 00:34:21]?

Governor Bill Lee:

We certainly hope not. There are a lot of things happened in other States around the country. We want to be prepared should there be a rise in cases, we certainly are doing everything we can to make sure that there's not a rise in cases, but that possibility certainly exists.

Natalie:

And then finally, in the next month, do you anticipate continuing to make use of the emergency procurement process? I know that there's been some controversy over whether the state should continue to do that since the emergency, perhaps isn't as severe as it was. Do you think you're going to keep [crosstalk]?

Governor Bill Lee:

I think as long as we have a state of emergency in place and we in fact have an emergency and we have the need for rapid procurement to be able to act fast, those procurement processes will be in place and they'll be changed when that emergency situations changed.

Speaker 1:

Hey, good afternoon, governor. Question for you about lifting the business restrictions. So you said while we lift business restrictions, we do not remove the affirmation to business owners that they follow safe practices. How do you do that? How does the state health department monitor that if they don't have to follow any restrictions now, and will there be any contact tracing that the state health department?

Governor Bill Lee:

Yeah. Business owners have a desire to follow safe practices because they want to keep their customers safe. They want to create a safe atmosphere so that there's consumer confidence, so that people will come into their stores or into their places of business. You've seen private businesses impose practices in their businesses that weren't mandated or required. We see that happening all across the state. That's because they're compelled to do so by protecting their customers and their employees. We've been really proud of the way that Tennessee businesses have stepped up and have engaged in safe practices. We fully expect they're going to do that. Again, we've updated our Tennessee pledge. With updated information, as this pandemic has changed, the information has changed. So we want to continue to give new guidelines for how Tennessee can operate their businesses safely.

Speaker 1:

And is the state health department looking at any contract tracing or what they'll need to do should new cases start to arise and their coming from businesses?

Governor Bill Lee:

We contact trace every case to the degree that's possible when folks want to participate in contact tracing, that will not stop. We've actually ramped up our contact tracing capacity significantly to meet the increased cases from a month ago. We still have those resources and our case count is a third of what it was a month ago or so. But we'll continue to contact trace every single positive case that we can find. Sam?

Sam:

Thank you, [inaudible]. Yes governor, following the hearings that the committees have had on emergency powers, apparently there might be a move to insert the legislature into that role a little bit more. Are you comfortable with that or do you think that would hamstring the process if you're trying to make tough decisions?

Governor Bill Lee:

Yeah. The ad hoc committee... We've actually worked with the ad hoc committee to provide information. We ought to look at... This is a historic pandemic that all of us, those that are in government right now, have not dealt with. We need to look at that process. We do know that we've followed constitutionally the statute, the constitution as it is now, but I think we should look at that. That's exactly what the ad hoc committee and the legislature will do and determine what's the best step for the next pandemic and the next issue that we face this way.

Sam:

And so you're not concerned that they could disagree with what you're doing and get in the way of your actions?

Governor Bill Lee:

Well, I think that working together with the legislature is the way it's supposed to happen. We do that effectively all year round. We'll do that in the future. And that's what the ad hoc committee is looking at, what does the future look like?

Sam:

Yeah. And there's been a little bit of a backlash from legislators and some of the school district officials on the loss of learning announcement that you made last week. Do you think it was done prematurely? And I'm trying to get confirmation on whether what was sent out used information that was taken from student assessments since they returned to this year.

Governor Bill Lee:

Yeah. So the information that was put out was an effort, and continues and remains to be an effort, to learn as much as we can about learning loss, as soon as we can learn it. That includes looking at information from before the pandemic and after the pandemic, assimilating that information. As we said earlier, what we know is that when a teacher is not in a classroom with students, those kids are not learning to the degree that they would be. Normally, it validates the powerful role of a teacher in a classroom.

Governor Bill Lee:

We want to know that as soon as we can. Part of it is modeling, part of it is making some assumptions until there's more data on the ground. And we know that it's only projections about learning loss. These are not actual numbers from months of experience of learning loss, but it gives us a good picture. It helps us know the challenges that we face. I think teachers want to know that, I think parents want to know it. It's helpful information. Would you like to comment further on the actual process itself?

Commissioner Schwinn:

So similar to last week in a question that I think was asked that there were two different sources for this. We had the CREDO study, and I think you all remember CREDO's the same organization that did the Tennessee is the fastest growing state in the country. So we've been using that organization as a department over the last 10 years or so. They did a predictive estimate, same as last week, using performance data over past years in [T cap 00:00:40:52], that is pretty standard practice for doing growth or predictive estimates. Second was using existing data at the aggregate level for over 30,000 existing benchmark or... I'm sorry, beginning of year checkpoints. Those are a gut check on those predicted estimates, and that is how we came up with that information. The numbers that were cited were for third grade specifically, but certainly the data that we have posted on our website includes all of the grades that were part of that CREDO study.

Sam:

And that was done with students since they've been back at school this year?

Commissioner Schwinn:

The CREDO study is a predictive estimate-

Sam:

I'm talking about the second section you were talking about.

Commissioner Schwinn:

So the second section where students from a sample of districts about 30,000 students for existing data, that is a gut check on the study that was released, the study that we used in terms of the data that we reported. And that's the predictive estimates. That's the CREDO study on past in T cap results.

Sam:

Since they've returned to class?

Commissioner Schwinn:

Not the CREDO. The CREDO study is using past performance on the T cap. We used existing benchmark data that was taken from the beginning of this year as a gut check on the predicted estimates. So it is two sets of information.

Sam:

Another question in regard to this is, I know you and the governor both support more in-person classroom learning.

Commissioner Schwinn:

Absolutely.

Sam:

Was this an effort to push more students back into the classroom?

Commissioner Schwinn:

So, yes, you're right. I certainly support in-person learning. This study, which was a study that was done by CREDO, provided information. What we saw in that predictive estimate from the CREDO study supported the idea that when children are not in the classroom for six months, you would expect that they're not going to learn as much. Our teachers matter that much. We also know that in-person learning is the most effective way that we have to educate children. And I think certainly, this provides more emphasis on the urgency that you are hearing from me, that our students get as much opportunity as possible to achieve as much as possible this year. And I do believe that that happens in the best [inaudible 00:42:52] for that child, which is in-person, and in classrooms.

Sam:

One more quick, governor, are you concerned at all that the orders that you signed today will encourage people to relax too much and cause the virus to ramp up again, I know you're encouraging mask wearing, et cetera, but gut mayors are probably already dropping their mask mandates. People are probably going to be less likely, are you worried that this could backfire?

Governor Bill Lee:

One of the things I'm worried about is that our businesses aren't operating fully and unrestricted because that drives economic recovery and people's livelihoods are at stake there. I'm concerned about that. And that is part of the reason that we've done this, but it's also the reason that we updated the Tennessee pledge that we have an aggressive public service announcement program around mask wearing, that we continue to encourage the fundamentals of staying home when you're sick and taking a test whenever you can, and wearing a mask and washing your hands. Those are all things that we believe are very important going forward. What I think is what I said earlier, which is, we're six months into this pandemic and Tennesseans know how to assess risk. They know how to operate safely and I have every confidence they'll do so.

Sam:

Good, thank you.

Governor Bill Lee:

By the way, on your question about getting kids back into person, I too want to say to that, another reason besides the fact that we know kids learn more effectively when they're in person, is that the vast number of parents in this state want the option to have their children in school. That's why we have kids in a classroom in the vast number of districts across the state. Parents, if they want that choice for their children, then we should provide that option for them. And that is a very strong component, and my push to make sure that we get in-person learning because it's a parental decision and a parental choice. Yes, ma'am.

Speaker 2:

Good afternoon. I had a question about a letter that was sent today by members of the House Democratic Caucus. They-

Governor Bill Lee:

I'm sorry, I'm having a hard time hearing you.

Speaker 2:

I'm so sorry. I'm used to speaking [crosstalk]-

Governor Bill Lee:

A letter that was sent?

Speaker 2:

Yes, a letter that was sent by members of the House Democratic Caucus, asking the comptroller to audit some of your administrations financial decisions since the COVID-19 crisis. Also in that letter, there were some concerns expressed about the functionality of the financial stimulus accountability group. I wondered what your response to that letter was?

Governor Bill Lee:

Well that's the reason that financial stimulus accountability group has put in place, was to have insight and oversight of the federal funding that comes into the state, and then it's dispersed through programs. That group is bipartisan, has Democratic members and Republican members. It has constitutional... It actually has the comptroller on that stimulus accountability group. So that provides transparency for that. But it's important to note too, that while the letter calls for an audit, that automatically happens with all federal funding that comes to the state of Tennessee. So the federal funding that will come into our state will be audited by the comptroller. It would have been audited anyway, and that ensures transparency to make sure that taxpayer funds, taxpayer money is being spent effectively, and that we're being good stewards of that.

Speaker 2:

I also have a question for commissioner Schwinn about the data from the 30,000 students. I just want to make sure that I'm understanding correctly. So for the 30,000 student checkpoint data that were incorporated into the projections from the department, do you know which districts that data came from in Tennessee?

Governor Bill Lee:

Sure. So, to be clear, the CREDO study, the numbers that were presented last week, that is coming from the CREDO study. We incorporated as a gut check that real time information. I believe the department is going to provide the list related to the districts that have participated. I think there was an outstanding request for that. So we'll be sure to respond back to you today.

Speaker 2:

Thank you.

Sergio:

Commissioner Schwinn, you can stay. I've a question for you first. Governor, hi. Thank you-

Governor Bill Lee:

Hi, Sergio.

Sergio:

Hi commissioner.

Governor Bill Lee:

Commissioner, you [crosstalk].

Sergio:

I have a question for you, actually. You usually say hi, and I just didn't want you to leave. With the CREDO study, is it normal that the department of education... Do these gut checks, have you done this before and when do you do it?

Commissioner Schwinn:

Sure. So I think anytime you're doing a predicted estimate and that's pretty standard practice when you're doing growth estimates, we see that in polling. And whenever you're trying to determine what could be when you don't have a real-time data in that space, that is pretty standard practice in education departments across the country, certainly, and especially with growth modeling. In terms of the gut check, I think because we know that this is an unprecedented time, we've never experienced the pandemic. We certainly know a lot about learning loss in the summer months, but this is three additional months for many students.

Commissioner Schwinn:

And so the multiplier effect of that is real. So as a result, before putting out that CREDO study, which we received in the beginning of September, so very recently. We wanted to make sure that jived a little bit with what we were hearing and seeing reported from data submitted by our districts. And then, certainly some of what we were seeing in the aggregate, district level results are going to vary across the state. We know that just like with T cap, district performance is going to vary and certainly we'll see that at the local level. But at the state level, certainly wanted to provide that information.

Sergio:

And commissioner, can you explain briefly what's a gut check? What do you mean by that?

Commissioner Schwinn:

It's essentially matching, so what we saw with the CREDO study, and again, it's those pretty complicated data sets. We wanted to see does that reflect essentially what we are also seeing with the checkpoint assessments and that looks at student proficiency, it looks at student performance, how are students doing at the beginning of the year? Those data looked like they matched pretty closely. And so that was just our confirmations that we were using multiple data, and not only relying on predictive estimates, we thought it was important to do both.

Sergio:

Thank you. Governor, I have a few questions for you.

Governor Bill Lee:

A few questions for me?

Sergio:

I didn't see you last week.

Governor Bill Lee:

We may not ever get to you Chris.

Chris:

I know, I [inaudible].

Governor Bill Lee:

Okay. I'll give you a couple of questions. How about that?

Sergio:

Thank you, governor. We are still seeing many rural areas and counties outside of Nashville or Shelby or urban areas having as many cases of COVID than they've ever had in the pandemic. I mean, some of those counties are Decatur, [inaudible 00:15:36], Franklin. So how do you justify lifting all restrictions when folks in these rural areas are still getting infected?

Governor Bill Lee:

No, it is interesting the way the epi-curves have been different in cities and then in towns and then in rural districts. It's unique to watch. Our statewide curve in general has gone down... And by the way, the change in business restrictions is actually very slight relative to what it was before. There are very few restrictions on businesses already in those 89 counties. So this was a continuation of that strategy, but we know we have to make state decisions that are in the best interest of the state and the economy going forward.

Governor Bill Lee:

We actually expect that in those counties, we'll have the same epi curve that we have had in the other counties. We anticipate those going down as well. We don't know that will happen, but there's beginning to be a pretty good pattern of what happens in our big cities and in our towns, in our rural districts. So we expect that to happen. And we think we can balance both of those at the same time. You want to add because you have... She has better knowledge about the specifics of those counties.

Dr. Piercey:

Thank you for allowing me to add a little color here. My background is in rural health care, so you're speaking my language. What we see in rural areas is an older, sicker population in general. Doesn't mean there are not older and sicker people in urban areas, but when you look at the propensity of rural areas to have those, you see higher proportions there.

Dr. Piercey:

What the governor is describing is the same experience in Tennessee that we're seeing nationally. So we saw the big spikes in urban areas, and then the first wave, if you will, didn't have a lot of rural component to it. But since June and then certainly into July, we saw the urban spike again, and then we have seen a noticeable and sustained trend in our rural areas.

Dr. Piercey:

I would also venture to say that our outcomes are likely to be just as bad, if not worse in rural areas as in urban areas because of the co-morbidities. When I talk about co-morbidities, I'm talking about things like diabetes and high blood pressure and significant obesity, COPD or emphysema, heart disease, et cetera. We know our rural areas, just like every rural area across the nation, has those higher comorbidities, so they are not only more likely to contract the disease, but to have worse outcomes.

Dr. Piercey:

One other thing that I want to point out that I think may be being lost here today is just because the government regulations and restrictions go away doesn't mean people will stop practicing good behaviors, and you'll hear the White House often talk about the three W's, wash your hands, wear your mask, watch your distance. Regulation or not, those are still best practices, and we know that Tennesseeans know those best practices. We encourage them to continue them.

Sergio:

But we know, Commissioner, that Tennesseeans are looking up to our leaders, and we know that the President at times is not wearing a mask. The governor has been seen not wearing a mask, not [inaudible] social distance. So they're looking at that example. So, I mean, what you're saying about the outcomes, it sounds that it's almost like the state is not doing anything to protect or further protect the people that you said have potentially the worst outcome, which are the people in the rural communities.

Dr. Piercey:

Yeah. I think the real key message here is every single individual needs to take personal responsibility for where he or she goes and how he or she goes there, whether they wear a mask, whether they keep their distance, and every one of those situations is going to be nuanced and require a distinct decision point for that individual. But particularly those who are older and sicker, whether they live in rural areas or in urban areas, need to take special precautions when they're out and about, whether it's the grocery store or a business, to keep themselves safe.

Sergio:

Thank you. I have five more questions. Just kidding.

Governor Bill Lee:

There'll be another chance.

Speaker 3:

Thank you for yielding your five questions to me.

Speaker 3:

Governor, in your new order, it carves out still the six counties with the standalone health departments to have their own restrictions. Also, your press release says that they continue to have existing statutory authority to issue additional directives on businesses and venues. Help me out with that. Does that mean that even if you wanted to rescind the capability for these six counties to have their own restrictions, you couldn't, or how does that work?

Governor Bill Lee:

Well, it's in statute. I mean, so long before this pandemic ever came to be, it was set up in this state that the authority for those six health departments rested outside of the state's health department authority. So that was not something that changed with this pandemic. That's been the case for many years.

Speaker 3:

Okay. So if you wanted to, could you actually rescind the business restriction ability for those six counties?

Governor Bill Lee:

We certainly can. A governor has the authority to suspend law, existing state law, but that law as it stands now grants authority to those counties.

Speaker 3:

Okay. I wanted to ask you also, the Tennessee Titans had the NFL's first outbreak. They have a home game coming up, I guess against the Steelers this weekend. Do you think that that game should be played? Any concerns or thoughts on that right now?

Governor Bill Lee:

Well, I certainly hope it's played, and I think that what we've learned through this pandemic is there is a safe way to operate. There's a safe way to operate businesses. There's a safe way to operate schools. There's a safe way to have in-person sports events. There's a safe way to operate. While we should follow those approaches, I think we need to continue to operate. So I hope there's a game, and I hope there's fans.

Speaker 3:

Thank you.

Speaker 5:

Hi, Governor. Will you watch the presidential debate tonight?

Governor Bill Lee:

Yes, sir. I will.

Speaker 5:

Curious, this question, because I watched an old Nixon-Kennedy debate on CSPAN6 or whatever. It came on the other day. It was really-

Governor Bill Lee:

You were not born during the Kennedy-Nixon debate.

Speaker 5:

Yeah, I was [crosstalk] born at that moment.

Governor Bill Lee:

I watched, but you were not.

Speaker 5:

Do you think that those debates are a good reminder for us still that politics and the ability to talk about policy should take the forefront to the mud swinging, the tit for tat that we saw and still see in our politics? Then I have one question for you, Dr. Piercey.

Governor Bill Lee:

I mean, I think debates are a great opportunity. Americans are about to make a decision about their President. It's an incredibly important decision, and so it provides one more opportunity for Americans to see the candidates and to understand and to hear questions of them. I think it's a great process.

Speaker 5:

Then Dr. Piercey, about the rapid testing, so the bulk of those we know will probably go towards helping in schools, right? But a bulk of students in schools may be carrying this disease, but be asymptomatic, right? But we don't know how well this does diagnosing asymptomatic cases yet?

Dr. Piercey:

So yesterday on the White House call, they did not specifically mention a sensitivity level in asymptomatic individuals. They did mention that in symptomatic individuals being 97%, and it could be in the EUA. Because we've been working on the distribution methodology, I haven't gone back and read the FDA EUA for asymptomatic individuals. But I suspect that it is as good as, if not better than what those tests are otherwise, which is in the upper seventies to low eighties. Still waiting to confirm that. But specifically in symptomatic individuals, this one appears to be the most sensitive test that we have had to date.

Speaker 5:

Then I have one question for Commissioner Schwinn, if that's okay. The whole controversy about where those numbers came from might not matter in a couple of weeks, right? Because these assessments are slated to be done, where teachers will know very firsthand how much their students are behind, right? I mean, are we looking at a two to three-week timeline when those assessments are entirely complete across the state?

Commissioner Schwinn:

So no, the department has not mandated any beginning of year assessments for any students. That's a local decision.

Speaker 5:

Okay. So not every district then is doing that.

Commissioner Schwinn:

Every district will make their own decisions about whether or not they will do a beginning of year checkpoint or diagnostic and which diagnostic they would use.

Speaker 5:

So if they do a diagnostic and it comes back that there is maybe 20% more than expected or more students that are level three instead of might've been level two or one before, then what is the big tool that you have to help those teachers? Because, essentially, the answer to a teacher is just, "Well, your job got harder." Is that just a fact of life for them, or is there something that can be done? I mean, individual learning plans. I don't know.

Commissioner Schwinn:

So I really appreciate that question, because I think it brings it back to what the most important thing is, and that is students learning with their incredible teachers who are teaching them. At the end of the day, that's what creates really strong education. The point that you brought up, that as we're coming back from many of our students having six months away from classroom instruction or instruction with their teachers, that that has an impact on not just the student, but also on the teacher and the jobs that they have in front of them. What I will say is that teachers have been working incredibly hard, and what the data tells me is it reinforces just how important our educators are in this state, the impact that they have on children.

Commissioner Schwinn:

Now, the important question that you asked is about what we can do, at least as a state, to support them and what districts can do. Yes, it means that the job is harder. That is why you see people working more hours and working harder than ever. It is our responsibility to provide them with as many supports as we can to help them and facilitate that big job that they have ahead of them for this year. Certainly, the department is doing work, like our Best for All website. We have a number of other resources, including $40 million in grants from the federal government to support early literacy work. Over the course of the next several months, we'll be rolling out more and more resources specifically to help our educators with that big task in front of them. I cannot underscore enough how important they are and how much of an impact they have on our kids.

Speaker 5:

Thank you all.

Speaker 2:

Hey, Governor.

Governor Bill Lee:

[inaudible].

Speaker 2:

You issued a reprieve earlier this year for a death row inmate because of the pandemic until December 31st. Another death row inmate has an execution date set for December 3rd. Do you believe, and you're going to get this question when the issue comes before you in clemency pleas, that Tennessee is ready to resume executions during a pandemic?

Governor Bill Lee:

Well, we haven't received any requests for a reprieve, and-

Speaker 2:

Well, execution dates are set for next year in some cases.

Governor Bill Lee:

That's right. That's right. But just like this case, we will approach this case like we do any case. We'll look at it completely. When and if a request for a reprieve comes, we'll certainly evaluate that based on why the request is made. But we haven't seen that yet. So if and when we do, then we'll evaluate it.

Speaker 2:

Do you think, though ... I mean, as governor, you must have some thought about whether it's really safe to resume executions during a pandemic? [crosstalk 00:10:51].

Governor Bill Lee:

Yeah. I will say this. So when we've had requests for reprieve before, there were specific reasons why that reprieve was requested. You look at those, and they were connected to the situation at the time in April and May and June. We'll just do the same thing in this situation, and we don't know what December looks like relative to today. We'll just evaluate it when it comes.

Speaker 2:

One last question here. Are you hopeful that perhaps Tennessee's six largest counties that have health departments of their own and mayors might follow your suit and lift the restrictions that you have lifted for the other 89 counties concerning businesses and gatherings?

Governor Bill Lee:

Well, as you know, I've all along worked really hard to work with our mayors and the decisions that they make. We've had a lot of communication over over the months. I do believe that our economy needs to open up and it needs to open up safely. I think that we need to make every effort to mitigate the spread of the virus and, at the same time, take those steps forward. I think the steps that I have advocated for in the 89 counties have been the right steps. They've been a targeted approach for the right reasons. I think that's what local mayors are evaluating themselves. We're seeing that happening, and I continue to be encouraged and will continue to encourage our leaders to open our economy back up in a safe way that protects people and also provides for enhanced economic activity in the state.

Governor Bill Lee:

Thank you all. I appreciate the opportunity to share. I want to say one thing. I didn't get asked about this, but I want to make a comment, because I have been asked multiple times about the Supreme Court process and the nomination of Amy Coney Barrett and my thoughts about that nomination. I think Amy Coney Barrett is a highly qualified candidate. She has connections, by the way, to Tennessee as a Rhodes graduate. I believe she also carries the principles and has a desire to uphold the principles that the vast majority of Tennesseans uphold, specifically regarding Second Amendment rights and the right to life. I believe she is a highly qualified candidate, and I look forward to her swift confirmation.

Governor Bill Lee:

I appreciate the opportunity to share this. I especially appreciate the fact that you all take the information that we share and you get it out to the folks in Tennessee. People need to know the things that you provide. It's a very important process. It's the reason that we have continued to make ourselves available. So thank you for the role that you play in this pandemic.