School Officials Should Pass Safer Reopening Plans, Not Beg For Protection From Liability

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Don’t tell me what to do.

 
But don’t hold me accountable for what I do, either.

 
That seems to be the position of school officials on reopening classes during the Coronavirus pandemic.

 
On the one hand, school boards don’t want a state or federal mandate about how to reopen schools in the fall.

 

On the other hand, they don’t want to be sued by children, families or staff who get sick or die as a result of reckless reopening plans.

 
The National School Boards Association (NSBA) is behind a push at both the state and federal level for temporary, limited liability protections in case students or staff become infected with Covid-19.

 

The organization is asking state legislatures and US Congress to pass bills including such protections.

 

At the same time, the organization is pushing state governors and the President to pass the plan through executive orders.

 
None of which should fill residents with confidence.

 

After all, would you want to eat at a restaurant where the chef refuses responsibility if diners get sick?

 

Would you want to fly on an airline that doesn’t guarantee you’ll make it to your destination in one piece?

 

If school officials are worried that students and staff may catch Covid-19, they should pass reopening plans that greatly reduce the likelihood of that happening.

 

But many of them aren’t doing that.

 

When hundreds of new cases are being reported in your county every week, you shouldn’t be opening the school buildings even with a hybrid model balancing both in-person and distance learning.

 

You should keep students learning online.

 

Safety should be the first concern of every school board member making these decisions.

 

Even one new case of Coronavirus is too much.

 

The fact that so many school directors are afraid of being sued means they are afraid their plans will not stop people from contracting the disease.

 

And that’s a real problem.

 

In states where schools have resumed in-person learning, large groups of students have been forced to quarantine.

 

So far, children have been hospitalized at a lower rate than adults when infected. However, until recently children have been kept mostly isolated. As they have been further exposed to the virus, some have developed complications. Pennsylvania Health Secretary Rachel Levine said there are 43 confirmed cases of a serious inflammatory syndrome in young people throughout the Commonwealth. Nineteen additional cases are under investigation.

 

We need to take this issue seriously.

 

If schools were reopening safely, why would they need protection from lawsuits?

 

Frivolous litigation is always an issue, but there is nothing to suggest that living through a global pandemic makes it more of a problem.

 

If school directors can prove they took every precaution to guard against people getting sick, their districts should be fine.

 

But they haven’t done that. And school directors know they haven’t done it.

 

In Pennsylvania, this has lead to discussions of the reopening guidelines issued by Gov. Wolf.

 

“I keep hearing the expression, ‘We are simply giving guidance or recommendations,” state Sen. Andy Dinniman, D-Chester, said. “In the end, is it not true that what you say is a recommendation, ends up being a mandate because school districts are afraid of being sued and taxpayers losing millions of dollars?”

 

Dinniman – who I often agree with – seems to be saying that districts should be free to ignore safety guidelines. And they are.

 

But doing so should come with a price.

 

The guidelines – which are too lenient in my opinion – at least set up some benchmarks.

 

They designate a county as low, medium or high risk depending on cases per 100,000 residents and percentage of positive tests in the last seven days.

 

However, these guidelines miss a vital component of epidemiology. One week’s worth of data is insufficient to get an accurate picture of viral spread. Covid-19 symptoms take up to two weeks to show up.

 

You could have low numbers this week and decide to reopen school buildings to a hybrid model, but then next week have a surge. And those people would have been sick when you reopened – you just didn’t know because it took another week for their symptoms to develop.

 

Moreover, I think it is ludicrous that the state is stopping at mere guidelines.

 

This is a public health issue. It is not open to debate. At least, not debate by politicians and functionaries.

 

Follow the scientific consensus.

 

When disaster strikes, you don’t dither. You don’t give people options when there’s a killer shark in the water. You close the beaches.

 

But the very question of whether it is government’s responsibility to keep people safe has been called into question here.

 

It is yet another example of the social fabric of our nation coming apart at the seams.

 

We are continually ignoring the dangers of the moment in which we live to secure a false sense of normalcy.

 

We refuse to take the proposer precautions to lower the infection and instead try to live with it.

 

Take yesterday’s decisions by The Pennsylvania Interscholastic Athletic Association (PIAA) to beginning the fall sports season on Monday.

 

Fall sports like football, soccer, tennis, field hockey, girls volleyball, etc. can start up if school boards decide to do so.

 

However, two weeks ago Gov. Wolf recommended that sports be postponed unit January 2021.

 

Though the PIAA originally voted to postpone the start of the season by two weeks, yesterday’s 25-5 vote put the season back on track.

 

This despite student athletes from the area already catching Covid-19 after practices.

 

We do not live in a healthy society.

 

We are acting like spoiled children who want to do what they want and refuse to be held accountable for their actions.

 

Sadly it is our children who will most often pay the price for adult recklessness.


 

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Do NOT Play Russian Roulette with Our Lives – No In-Person Schooling During a Pandemic

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Are you responsible for gambling with another person’s life?

 

The Pennsylvania Supreme Court says “yes.”

 

Back in 1947, James Malone, 17, and William Long, 13, played a version of Russian Roulette during a sleepover.

 

Malone stole a revolver from his uncle and Long sneaked into his father’s room and got a bullet.

 

They put the cartridge in a chamber, spun the cylinder and then took turns pointing the gun at each other and pulling the trigger. On the third try, Malone put the gun to Long’s head, pulled the trigger and the gun fired, killing Long.

 

Malone was convicted of second degree murder even though he said he hadn’t intended to kill his friend.

 

The case, Commonwealth v. Malone, eventually went to the state Supreme Court where justices upheld the conviction.

 

They ruled:

 

“When an individual commits an act of gross recklessness without regard to the probability that death to another is likely to result, that individual exhibits the state of mind required to uphold a conviction of manslaughter even if the individual did not intend for death to ensue.”

Lawmakers and school administrators better pay heed to this and similar nationwide decisions.

 

Reopening schools to in-person classes during the COVID-19 pandemic is tantamount to Russian Roulette with the lives of students, teachers and families.

 

Every day with this virus in the physical classroom is like spinning the cylinder and pulling the trigger.

 

You might survive, but every time you enter the building your chances of getting sick increase until the law of averages will come for someone… perhaps many someones.

 

The safest course is to continue with distance learning in the fall despite the numerous academic problems with that method of instruction.

 

With Coronavirus cases rising by about 50,000 a day in the United States, there is simply too much virus out there to ensure anyone’s safety in the physical classroom.

 

Students inevitably will get sick and spread the disease to adults – teachers and their own families.

 

We can’t take such chances with people’s lives.

 

But don’t just take my word for it.

 

Decisions makers are taking the possibility seriously enough to try to change the laws to reduce their liability.

 

They want to ensure they won’t end up in court if they reopen schools and people get sick.

 
In May,Senate Majority Leader Mitch McConnell called for schools to be legally protected from lawsuits that could arise due to resuming classes.

 

Along with fellow Republican Senator John Cornyn, McConnell proposed new liability laws protecting schools and businesses from Coronavirus-related lawsuits.

 

McConnell told reporters:

 

“Can you image the nightmare that could unfold this fall when K-12 kids are still at home, when colleges and universities are still not open? That is a scenario that would only be further aggravated in the absence of some kind of liability protection that reassures school administrators that they can actually open up again… Without it, frankly that’s just not going to happen as soon as it should have.”

 

The Kentucky Senator went on Fox News in late April saying that such legal protections would be necessary for Republicans to even consider any new Coronavirus relief bills.

 

And it’s not just lawmakers. In May, 14 college presidents from around the country teleconferenced with Vice President Mike Pence and U.S. Education Secretary Betsy DeVos asking for the same thing.

 

According to those who were either on the call or were knowledgeable about the conversation, the college presidents said they needed to know their institutions would not get sued if people got sick – which they thought was almost a certainty.

 

One way the federal government can help “is to have some kind of liability protection,” said University of Texas at El Paso president Heather Wilson, who was on the call. Wilson is a former Republican congresswoman from New Mexico.

 

Big business is also calling for liability protection. Groups like the U.S. Chamber of Commerce have been asking to be freed during the pandemic from being held liable if workers, customers or others get sick on their property. Notably, a lawyer for Texas Christian University told senators such a situation is “foreseeable, perhaps inevitable.”

 

All of which begs the question of what we mean by safety.

 

Is it our responsibility to make sure customers, workers, students and teachers are safe from the virus? Or is it our responsibility to make sure businesses and schools aren’t sued for taking chances with our lives?

 

There are things we can do to increase safety.

 

We should not reopen schools until the county where it is located reports zero new Coronavirus cases for two weeks. That would be taking safety seriously.

 

And it shouldn’t be too much to ask because other countries have been able to do such things.

 

Other nations have been able to test for the virus and identify those who have the disease. They have been able to trace these people’s contacts and isolate them from the rest of the population.

 

But that requires a vast expansion of our testing ability through coordinated federal action.

 

The problem is our lawmakers don’t care enough to do this.

 

Nor are they willing to provide us with federal relief checks, personal protective equipment (PPE), protection from evictions, and universal healthcare so that were can weather the storm.

 

It’s much easier to protect business from consumers and protect schools from the kids, teachers and families who make up the community.

 

Some will say the danger is overblown.

 

Children, in particular, are less susceptible to COVID-19 than older people.

 

And while it’s true that young people have shown fewer symptoms and include the lowest numbers of deaths, this virus has been around barely more than a year. We simply don’t know much about it and its long term effects.

 
A recent study from the journal the Lancet found that teenagers are just as susceptible to the disease as older people.

 

 

Researchers found few children 5-9 (the youngest included in the study) who had contracted the disease but those ages 10-19 were as likely to contract it as people ages 20-49 – and more likely than adults older than that.

 
So even if young people remain mostly asymptomatic, it is entirely possible they can spread the disease to older people who have a more difficult time fighting it off.

 
The only consensus about children and COVID-19 is that we don’t know enough about how it affects young people.

 

 

We certainly don’t want to end up like countries that have opened schools too quickly with too high infection rates.

 
In May, two weeks after Israel fully reopened schools, there was a COVID-19 outbreak. There were at least 130 cases at a single school. Students and staff were infected at dozens of schools causing a rash of renewed closings.

 
We should not be taking chances with schools.

 
Any action comes with some level of risk, but we should err on the side of caution.

 

 


Our government needs to serve us.

 
Representatives who do not serve our interests need to be sent packing.

 

And anyone who gambles with our lives needs to be held liable.

 

Anyone who demands we place our heads against the barrel of a loaded gun as a prerequisite to jump start the economy, needs to be held responsible for that decision.

 

The chances of dying during the first round of a game of Russian Roulette using a standard six-shot revolver is 1/6. With each pull, the chances increase – 1/5, 1/4, etc.
The average number of consecutive pulls before the gun fires is 3.5.

 

We know more about that than the Coronavirus.

 

In effect, we don’t know how many chambers are loaded, but we know there are bullets in the gun.

 

There are too many hidden factors to be able to say for sure what our chances are exactly. And in the presence of such ignorance, we should assume the worst.

 

That’s exactly what decision makers are doing by trying to protect themselves from responsibility.

 

We should take that as seriously as a loaded gun put to our temples.


 

 

Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

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