{"id":8234,"date":"2020-07-24T13:06:38","date_gmt":"2020-07-24T17:06:38","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/can-k-12-schools-safely-reopen-in-fall-2020\/"},"modified":"2020-07-24T13:06:38","modified_gmt":"2020-07-24T17:06:38","slug":"can-k-12-schools-safely-reopen-in-fall-2020","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/can-k-12-schools-safely-reopen-in-fall-2020\/","title":{"rendered":"Can K-12 Schools Safely Reopen in Fall 2020?"},"content":{"rendered":"<p>As the coronavirus crisis continues, a consensus about at least delaying school openings is emerging.<\/p>\n<p>New York Mayor Bill DeBlasio recently unveiled a <u><a href=\"https:\/\/www.cnn.com\/2020\/07\/13\/us\/school-reopening-plans-major-cities\/index.html\" target=\"_blank\" rel=\"noopener\">partial reopening plan<\/a><\/u> for fall 2020.<\/p>\n<p>The proposal would stagger school openings and incorporate two or three days a week of remote learning. At least right now, this plan is at odds with New York Governor Andrew Cuomo\u2019s phased reopening plan.<\/p>\n<p>Los Angeles, the nation\u2019s second-largest school district, will remain closed indefinitely.<\/p>\n<p>Los Angeles Unified School District Superintendent Austin Beutner promised to share reopening information in the near future.<\/p>\n<p>It is \u201cour goal is to welcome students back to school as soon as it is safe and appropriate for us to do so,\u201d he said.<\/p>\n<p>Other large school districts in the country, like Houston, Atlanta, Detroit, and Dallas, have announced some combination of delayed starts and phased reopening.<\/p>\n<h2>Coronavirus School Safety<\/h2>\n<p>In these uncertain times, industry safety standards provide some stability. They let parents know what to expect when their children return to school.<\/p>\n<h4>State and Local Government Guidelines<\/h4>\n<p>Schools have a duty to educate all children. In some cases, online learning may not be an effective substitute.<\/p>\n<p>Many children, especially those with special needs, require supervision. Additionally, many Americans lack reliable internet access.<\/p>\n<p>That\u2019s especially true in rural areas. Arguably, refusing to open at the designated time intentionally denies an education to these at-risk children.<\/p>\n<p>On the other side of the coin, it is important to not jump the gun.<\/p>\n<p>State educational agencies often issue \u201cguidelines\u201d in these areas which local school districts are theoretically free to ignore.<\/p>\n<p>If that happens, and a child or adult gets sick, the school district was arguably negligent.<\/p>\n<p>Technically, state and local government guidelines <u><a href=\"https:\/\/www.texasattorneygeneral.gov\/sites\/default\/files\/images\/admin\/2020\/Press\/2020.07.17%20Letter%20to%20Religious%20Schools%20re%20COVID%2019%20Orders%20-%20Final.pdf?utm_content=&amp;utm_medium=email&amp;utm_name=&amp;utm_source=govdelivery&amp;utm_term=\" target=\"_blank\" rel=\"noopener\">may not apply<\/a><\/u> to private schools.<\/p>\n<p>However, these institutions are held to the same standard of care as public schools.<\/p>\n<h4>Prepare for an Outbreak<\/h4>\n<p>Reliance on government guidelines is not enough. Schools must assume that a COVID-19 outbreak will occur, and they must be prepared to deal with that situation.<\/p>\n<p>A solid emergency plan usually includes:<\/p>\n<ul>\n<li>Consideration for the disease\u2019s severity in the local area,<\/li>\n<li>Health impact on older adults, young children, and people with chronic medical conditions, like asthma,<\/li>\n<li>Daily sanitization of all surfaces,<\/li>\n<li>An employee facemask requirement,<\/li>\n<li>Periodic symptom screening,<\/li>\n<li>Sending symptomatic employees home, and<\/li>\n<li>Adjusting sick leave and attendance policies where appropriate.<\/li>\n<\/ul>\n<p>Some schools include coronavirus safety waivers as part of this plan. These waivers might or might not be legally effective, as outlined below.<\/p>\n<p>An emergency plan should be in writing and available for public review. Additionally, since June\u2019s plans are often outdated by July, the emergency plan should be updated frequently.<\/p>\n<h4>Online Instruction Rules<\/h4>\n<p>Schools not only have a responsibility to keep kids safe in school.<\/p>\n<p>They have an obligation to keep them safe at home during online instruction periods. During spring 2020, at-home safety obligations were limited.<\/p>\n<p>But the fall of 2020 will be different. It will not be enough to have students log on and hope for the best.<\/p>\n<p>Zoom, the preferred online learning platform, has some <u><a href=\"https:\/\/www.cnet.com\/news\/zoom-security-issues-zoom-buys-security-company-aims-for-end-to-end-encryption\/\" target=\"_blank\" rel=\"noopener\">well-documented<\/a><\/u> security issues. Additionally, cyberbullying was already a major problem. Online school gives bullies an additional platform.<\/p>\n<p>Online classes must have the toughest available security. Additionally, school employees should monitor Zoom sessions and take action against bullying.<\/p>\n<h2>Coronavirus Waivers<\/h2>\n<p>Most parents sign field trip, athletic participation, and other permission slips without giving them a second thought. Such waivers are not always enforceable.<\/p>\n<p>Some such waivers are void because they violate public policy.<\/p>\n<p>Typically, organizations cannot condition facilities use, which the person has paid for, on a waiver.<\/p>\n<p>If an athletic club installs a rock-climbing wall and insists that participants sign waivers if they already paid membership dues, the waiver is probably unenforceable.<\/p>\n<p>Additionally, a liability is arguably a <u><a href=\"https:\/\/www.law.cornell.edu\/wex\/adhesion_contract_(contract_of_adhesion)\" target=\"_blank\" rel=\"noopener\">contract of adhesion<\/a><\/u>.<\/p>\n<p>These \u201ccontracts\u201d usually contain take-it-or-leave-it offers which leave no room for negotiation.<\/p>\n<p>Additionally, one party usually has substantially more bargaining power than the other one. Some of these agreements, like homeowners\u2019 association contracts, are usually enforceable.<\/p>\n<p>Others do not hold up in court.<\/p>\n<p>Global pandemics alter, but do not eliminate, the duty to keep students safe. For a free consultation with an <u><a href=\"\/contact-us\/\">experienced personal injury attorney in New York<\/a><\/u>, contact Napoli Shkolnik .<\/p>\n","protected":false},"excerpt":{"rendered":"<p>As the coronavirus crisis continues, a consensus about at least delaying school openings is emerging. New York Mayor Bill DeBlasio recently unveiled a partial reopening plan for fall 2020. The&#8230;<\/p>\n","protected":false},"author":3,"featured_media":8235,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[792],"tags":[851,964,971,992,993,1005],"class_list":["post-8234","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-coronavirus","tag-personal-injury-lawyers-near-me","tag-personal-injury","tag-health-and-safety","tag-coronavirus","tag-covid-19","tag-cyber-security"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8234","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=8234"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8234\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/8235"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=8234"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=8234"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=8234"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}