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Education Dive
COVID-19 language in waivers for extracurriculars heighten reopening safety concerns
Naaz Modan
July 16, 2020
Dive Brief:
Districts are sending home liability waivers for athletic, afterschool
and summer programs that release them, employees, insurers, board of
education members and others acting on the district's behalf from
liability for injuries to or death of children related in any way to
COVID-19. At least one district in Idaho is also requiring a waiver for
seemingly any on-campus activity.
In Missouri's Hazelwood School District, criticism of such a waiver led
the district to clarify that the waiver is meant to "ensure that
parents can make an informed decision" about their children
participating in athletics, and that no waiver exists for in-person
school. According to the district, the waiver was created by its
insurance provider and distributed to all other schools under the same
insurance program.
In Florida's Volusia County Schools, liability waivers for voluntary
extracurricular activities were recalled by the district, which says
they were "inadvertently" sent to coaches and students. The local
teachers union, Volusia United Educators, advised members to "not sign
any waivers" and presented the district with a "cease and desist"
letter. Officials from the Florida Education Association suggested
waivers will intensify concerns of whether it's safe for children to
return to school.
Dive Insight:
As schools face increasing pressure from the White House to fully
reopen in the fall, parents, teachers and even administrators are
questioning whether it is in the best interest of the community's
health and safety to do so. Some big districts, including California's
Los Angeles and San Diego Unified School Districts, have decided to
remain remote for the fall as coronavirus cases in the state increase.
Others are pushing forward with reopening plans. In Florida, for
example, Gov. Ron DeSantis compared reopening the state's schools to
reopening a Walmart, saying the former should be just as possible as
the latter. Last week, the state's commissioner of education ordered
schools to reopen brick-and-mortar classrooms at least five days a week
for all students.
The question of liability as schools near reopening is being considered
on the federal and state level. In a U.S. Senate Committee on Health,
Education, Labor and Pensions hearing last month, Sen. Lamar Alexander
(R-Tennessee), raised concerns about protecting schools from facing
liability related to COVID-19.
The Tennessee Senate recently passed a bill protecting schools and
businesses from liability in case of coronavirus-related injury or
death.
Generally, waivers aren't out of the ordinary for athletics and other
voluntary extracurricular activities. That coronavirus language has
been added, particularly given the increased risk of contraction during
some sports, isn't particularly surprising. For that reason, many
districts are opting to forego fall athletics, with New Mexico last
week becoming the first state to do so for football and soccer.
In Missouri, Hazelwood School District's clarification message about
athletic waivers read, "Our district has implemented unprecedented
safety precautions in all of our buildings; however, it is important
for parents to understand that school districts can only mitigate the
risk of COVID-19. No district, organization, or business can offer 100%
protection against exposure to a global pandemic."
Brian Schwartz, an education lawyer who has served as general counsel
for the Illinois Principals Association for 20 years, told Education
Dive last week that schools can minimize liability by following local,
state and national mandates, especially regarding PPE and social
distancing.
"Liability might exist if a school requires students and staff to
attend in-person and then refuses to follow mandated safety protocols,"
he said.
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