To Reopen, Schools Demand COVID Liability Protections

Education Groups: ‘Schools Must Have Protection From Unfair Lawsuits,’ ‘Exposure To Liability Claims Is An Issue So Significant That It May Actually Prevent Our Ability To Reopen Schools With In-Person And Classroom-Based Instruction’

“Business and education groups, including the School Superintendents Association, have urged Congress to pass new legal protections and ease the risk of lawsuits as schools and businesses weigh whether to reopen.” (“Senate GOP Aims To Funnel Covid Liability Cases To Federal Courts,” The Wall Street Journal, 7/16/2020)

“Colleges and universities are making their own push for liability protections ... The American Council on Education, the Association of American Universities and dozens of other higher education groups sent a letter to lawmakers on Thursday expressing ‘fears of huge transactional costs associated with defending against COVID-19 spread lawsuits’ without more legal protections.” (“Colleges Ask For Liability Protections,” Politico Influence, 5/28/2020)

AMERICAN COUNCIL ON EDUCATION AND 75 OTHER HIGHER EDUCATION ASSOCIATIONS: “On behalf of the American Council on Education and the undersigned higher education associations, I am writing today to urge you to quickly enact temporary and targeted liability protections related to the COVID-19 pandemic. While these crucial protections are likely necessary for many sectors of the American economy, this letter focuses on the need to safeguard higher education institutions and systems, affiliated nonprofits, and healthcare providers and facilities from excessive and speculative lawsuits arising out of the pandemic.” (American Council on Education and 75 Higher Education Associations, Letter to Speaker Pelosi, Rep. McCarthy, and Sens. McConnell and Schumer, 5/28/2020)

• “But as colleges and universities assess how quickly and completely campuses can resume full operations, they are facing enormous uncertainty about COVID-19-related standards of care and corresponding fears of huge transactional costs associated with defending against COVID-19 spread lawsuits, even when they have done everything within their power to keep students, employees, and visitors safe. To blunt the chilling effect this will have on otherwise reasonable decision-making leading to our nation’s campuses resuming operations in a safe and sensible manner, we ask that Congress quickly enact temporary COVID-19-related liability protections for higher education institutions and systems, affiliated entities, as well as their faculty, staff and volunteers. These protections should be conditioned on following applicable public health standards, and they should preserve recourse for those harmed by truly bad actors who engage in egregious misconduct. … Higher education’s need for temporary and targeted liability protections and relief is clear. Now is the time for Congress to act.” (American Council on Education and 75 Higher Education Associations, Letter to Speaker Pelosi, Rep. McCarthy, and Sens. McConnell and Schumer, 5/28/2020)

THE SCHOOL SUPERINTENDENTS ASSOCIATION, ASSOCIATION OF EDUCATIONAL SERVICE AGENCIES, AND THE NATIONAL SCHOOL BOARDS ASSOCIATION: “The undersigned organizations, representing the nation’s public school leaders, urge you to quickly enact temporary and targeted liability relief legislation related to the COVID-19 pandemic. Such protections will be critical to businesses, non-profit organizations, and healthcare providers and facilities, as we work to recover from this pandemic. Because opening schools will be crucial to safely and efficiently reopen the economy, it is imperative school districts are afforded the same legal safeguard. Schools must have protection from unfair lawsuits, so they can move forward in providing high-quality instruction for their students and safe facilities for their communities.” (The School Superintendents Association, Association of Educational Service Agencies, and the National School Boards Association, Letter to Sens. McConnell and Schumer, Speaker Pelosi, and Rep. McCarthy, 7/8/2020)

• “As Congress moves forward in its efforts to enact temporary liability protections against COVID-19 exposure claims for employers that work to follow applicable public health guidelines, it is imperative that public school systems and educational institutions be included in such protections. We believe any protections should be limited in scope and preserve recourse for those harmed by truly bad actors who engage in egregious misconduct. … As the federal government continues to assist states and local governments with COVID-19 recovery, liability protections during this pandemic will help our schools reopen safely, implement the necessary protocols to protect our students and staff, and mitigate additional losses.” (The School Superintendents Association, Association of Educational Service Agencies, and the National School Boards Association, Letter to Sens. McConnell and Schumer, Speaker Pelosi, and Rep. McCarthy, 7/8/2020)

16 CALIFORNIA EDUCATION AGENCIES, SCHOOL DISTRICTS, AND ASSOCIATIONS: “On behalf of the California local educational agencies (LEAs) and statewide education associations that are represented on this letter, we are writing to request that you enact temporary and targeted liability relief legislation related to the COVID-19 pandemic. Because opening schools will be crucial to safely and efficiently reopen the economy, it is imperative school districts are afforded protection from unfair lawsuits, so they can move forward in providing high-quality instruction for their students and safe facilities for their communities.” (16 California Education Agencies, School Districts, and Associations, Letter to Sens. McConnell and Schumer, Speaker Pelosi, and Rep. McCarthy, 7/8/2020)

• “Due to the potential impacts of frivolous lawsuits on school districts’ budgets, it is critically important that lawmakers realize the financial burden that school districts would likely face without some protections—and that these expenses impact the quality of education offered to all students at the end of the day. Lack of temporary and limited immunity to our exposure to liability claims is an issue so significant that it may actually prevent our ability to reopen schools with in-person and classroom-based instruction until a proven vaccine is produced and available to the public.” (16 California Education Agencies, School Districts, and Associations, Letter to Sens. McConnell and Schumer, Speaker Pelosi, and Rep. McCarthy, 7/8/2020)

• “As Congress moves forward in its efforts to enact temporary liability protections against COVID-19 exposure claims for employers that work to follow applicable public health guidelines, it is imperative that public school systems and educational institutions be included in such protections.” (16 California Education Agencies, School Districts, and Associations, Letter to Sens. McConnell and Schumer, Speaker Pelosi, and Rep. McCarthy, 7/8/2020)

‘The [American Academy Of Pediatrics] Strongly Advocates That All Policy Considerations For The Coming School Year Should Start With A Goal Of Having Students Physically Present In School’

AMERICAN ACADEMY OF PEDIATRICS: “With the above principles in mind, the AAP strongly advocates that all policy considerations for the coming school year should start with a goal of having students physically present in school. The importance of in-person learning is well-documented, and there is already evidence of the negative impacts on children because of school closures in the spring of 2020. Lengthy time away from school and associated interruption of supportive services often results in social isolation, making it difficult for schools to identify and address important learning deficits as well as child and adolescent physical or sexual abuse, substance use, depression, and suicidal ideation. This, in turn, places children and adolescents at considerable risk of morbidity and, in some cases, mortality.” (American Academy of Pediatrics, Press Release, 6/25/2020)

Major U.S. Newspapers: ‘American Children Need Public Schools To Reopen In The Fall,’ ‘There Is No Greater Imperative Than Getting Children Back Into Classrooms,’ Not Attending In-Person ‘Would Further Harm The Prospects Of Schoolchildren Who Have Already Lost Ground’

THE NEW YORK TIMES EDITORIAL BOARD: “American children need public schools to reopen in the fall. Reading, writing and arithmetic are not even the half of it. Kids need to learn to compete and to cooperate. They need food and friendships; books and basketball courts; time away from family and a safe place to spend it. Parents need public schools, too. They need help raising their children, and they need to work.” (Editorial, “Reopening Schools Will Be a Huge Undertaking. It Must Be Done.,” The New York Times, 7/10/2020)

• “The limits of virtual classrooms were on painful display this spring. While some students thrived, or at least continued to learn, others faded away. Boston reported that roughly 20 percent of enrolled students never logged in. In Los Angeles, one-third of high school students failed to participate. In Washington, D.C., the school system simply gave up and ended the school year three weeks early. Evidence suggests schools particularly struggled to reach lower-income kids, exacerbating performance gaps. The closures also have also deprived students of time with friends, limited their access to reliable meals, physical and mental health care and reduced the availability of support for those with special needs.” (Editorial, “Reopening Schools Will Be a Huge Undertaking. It Must Be Done.,” The New York Times, 7/10/2020)

• “The economic damage is real, too. The consulting firm McKinsey estimates that 27 million American workers require child care, which includes schools, to return to full-time work.” (Editorial, “Reopening Schools Will Be a Huge Undertaking. It Must Be Done.,” The New York Times, 7/10/2020)

THE NEW YORK TIMES EDITORIAL BOARD: “If this crisis of confidence continues to fester, millions of families could well decide to keep their children home when schools begin opening around the nation this fall. This would further harm the prospects of schoolchildren who have already lost ground because of the pandemic and who are at risk of falling irretrievably behind. By the start of the next school year, the average student could have already lost a third of his or her expected progress in reading and half in math, according to a recent working paper from the nonprofit NWEA and scholars at Brown and the University of Virginia. The learning losses are greatest among black and Hispanic students. The decision to keep some children home next year would also undermine support for public education generally and damage the possibility of economic recovery by keeping caretaking parents at home and out of the work force.” (Editorial, “How To Reopen America’s Schools,” The New York Times, 6/6/2020)

THE WALL STREET JOURNAL EDITORIAL BOARD: “The evidence—scientific, health and economic—argues overwhelmingly for schools to open in the fall. Start with the relative immunity of young children to the disease, which should reassure parents. … Keeping schools closed while awaiting a vaccine isn’t an acceptable alternative. You don’t need a degree in child psychology to know kids have struggled with virtual education. A Reuters analysis last month found that fewer than half of 57 public school districts were taking attendance. About a third weren’t providing required services to special-needs students. … Millions of parents can’t return to work if their children can’t attend school. Opening the schools is essential to the well-being of students, and teachers and administrators have a duty to make it happen.” (Editorial, “The Case for Reopening Schools,” 7/13/2020)

THE WASHINGTON POST EDITORIAL BOARD: “Too much learning has already been lost because of the abrupt school shutdown in mid-March caused by the coronavirus pandemic. Students have lost ground, and racial and economic gaps in achievement have widened. Schools need to reopen.” (Editorial, “Schools Need To Reopen. The Question Is How.,” The Washington Post, 7/5/2020)

• “But as the country feels its way toward reopening, weighing risks against benefits, there is no greater imperative than getting children back into classrooms. Remote instruction can certainly play a role, but it has proved to be a mixed bag — more successful for students with resources and supports — and is no substitute for students learning with peers and teacher present to gauge progress. Economic recovery also depends on schools reopening so parents can return to work.” (Editorial, “Schools Need To Reopen. The Question Is How.,” The Washington Post, 7/5/2020)

THE PITTSBURGH POST-GAZETTE EDITORIAL BOARD: “Of all the lessons learned during the COVID-19 shutdowns and restrictions, one of the most important was something parents and educators likely agree on: We need schools to reopen in the fall and get students back in the classroom. … Keeping schools closed will only widen the divide in learning, especially for those in low-income districts, and will exacerbate the problem of students falling further behind on expected progress levels. School districts should be establishing safety measures now so that schools can reopen and students can return to a much-needed learning routine.” (Editorial, “Schools need to reopen: Continued closures will only widen the divide in learning,” Pittsburgh Post-Gazette, 6/26/2020)