Some California school districts are defying mask mandate
Credit: Allen J. Schaben / Los Angeles Times / Polaris
Credit: Allen J. Schaben / Los Angeles Times / Polaris
California ended its mask mandate for fully vaccinated people Tuesday for all but schoolhouse staff and students, prompting protests across the country. Most school districts are sending unmasked students dwelling, but the number of schools that are welcoming them is growing.
The state will probable drop its school mask mandate quondam subsequently Feb. 28, California Health and Man Services Secretary Dr. Marker Ghaly announced at a news conference Monday. Over the next two weeks, state health officials volition review student vaccination rates, Covid case numbers, hospitalization rates and national and global trends to make up one's mind an appropriate fourth dimension to driblet the mandate, he said.
But some districts are not waiting. School district officials at most of California's minor rural districts have decided to stop disciplining or excluding students from school if they don't comply with requests to vesture masks, said Tim Taylor, executive manager of the California Small-scale School Districts' Clan, which represents 600 school districts and lease schools.
"A lot of districts throughout the state are loosening up and but trying to go through the next two weeks," Taylor said. "Parents are getting upset and saying everything is maskless except schools."
Small rural schools aren't the only ones ignoring the law. Roseville Articulation Union High School District, which serves 12,000 students at 9 schools in Placer County east of Sacramento, fabricated wearing masks optional for all students as of this week.
In a alphabetic character to families and staff, Superintendent John Becker said the school board, which passed a resolution to end masking requirements on Feb. 10, cited the need to protect students' social-emotional wellness, as well as their concrete health, as the reason for the decision.
"We are aware of the growing mental health concerns of our immature people, and we are taking the initiative to allow students and families to decide which option is all-time for them," said lath President Scott Huber, who was quoted in the letter. Huber declined an interview for this story.
Individual school districts and local health authorities — like county departments of public wellness — take the right to make their own masking policies after the statewide mandate is dropped, Ghaly said. Only, he told a reporter Monday that school districts don't accept the authority to make that determination now.
"A commune like Roseville, they're in the state of California, so this land's requirements apply," Ghaly said. "And I think that will exist an important point to make, non simply hither but for other efforts that nosotros've used throughout this pandemic, and nosotros may demand to use down the road likewise."
Covid prophylactic measures like masking have immune California schools to remain open up for in-person education, Ghaly said. California has 12% of the students in the nation but had only 1% of its school closures this year, he said.
"We don't make hasty decisions," Ghaly said. "We will take the collection of information together to make a conclusion that is good for California."
Merely some school districts are feeling the pressure to remove the mask mandate. El Dorado Spousal relationship High School District, which serves vi,846 students at five schools in El Dorado Canton, released a statement Tuesday that said it would educate students most wearing masks and ask them to habiliment them, but would not exclude them from campuses if they failed to comply.
"We are caught in the centre of a very difficult and progressively escalating situation where we admit our obligation to comply with country and California Department of Public Health mandates and our actual ability to enforce those mandates," read the statement.
One of the district's schools — Oak Ridge Loftier Schoolhouse in El Dorado Hills — was the site of a large pupil walkout Tuesday in protest of the mask mandate, according to media reports.
Commune officials did not render a call from EdSource.
"We volition continue to practice our best to comply with the law," read the district's statement. "Our school liability carriers all warn us that if we take explicit action to defy state guidance nosotros will be held liable and answerable for any such decisions and in a very litigious society we have no legal protection. Our liability carriers will non be held accountable for our willful defiance of the California Section of Public Health."
There is some confusion about whose job information technology is to enforce the state mask mandate. According to country officials, enforcement falls on the shoulders of local health officials, who can subject schoolhouse officials to fines or other penalties.
Simply in Placer Canton, at to the lowest degree, public health regime say they have no enforcement role when it comes to land mask requirements in schools.
"Placer Canton Public Health continues to recommend that residents article of clothing high-quality masks for respiratory protection in indoor settings to reduce their exposure to COVID-19, and continues to meet with school leaders to support their implementation of land guidance," said the department in a statement released to EdSource. "However, Local Public Health has no enforcement role of state COVID-19 guidance regarding the use of masks within K-12 educational facilities. Rather, this is a question that should be explored by districts in collaboration with the state and other stakeholders."
A alphabetic character from Tomás J. Aragón, director of the California Section of Public Health and the state public health officer, in August warned school leaders of the potential implications of ignoring the mask mandate.
"Unfortunately, some elected officials and school leaders have expressed the intent to violate the law — and risk their students' safe — by failing to enforce the universal mask requirement for indoor school settings," Aragón stated. "To be clear: failure to enforce the mask requirement breaches not but a legal duty, but likewise the first and foremost duty of every school leader — to protect students. Violation of mandatory public health guidance puts the health and safety of students, staff and their families, needlessly at gamble, and as well carries significant legal, fiscal, and other risks."
School and district officials involved in the decision to ignore the state mandate could be financially liable if a staff member or pupil contracts Covid-19 or dies from the virus, Aragón said. They likewise could face up civil lawsuits from families and staff compelling them to comply with the guidance.
Most California school districts' insurance policies do not cover lawsuits or other losses if someone contracts a catching illness. Districts with insurance policies that do embrace that could still be at run a risk of losing coverage for infections and lawsuits related to Covid-19 if they ignore country mandates and allow students and teachers to go to course without wearing masks.
Certificated schoolhouse staff, including school administrators, could also be disciplined by the California Committee on Teacher Credentialing for violating their legal duty to implement masking, according to the state education code.
Roseville Joint Union'southward Becker sent a unlike message Tuesday. In a letter to school staff, the superintendent assured teachers that they could not exist held liable for not enforcing the mandate. He said that, according to legal advice given to the district, the California Department of Public Health does not require teachers or other schoolhouse staff to enforce the mandate.
The Roseville Secondary Education Association, which represents the commune's teachers, said the conclusion not to mandate masks in classrooms is putting teachers in a bad situation.
"Teachers, who have been under constant force per unit area and attack these last two years, are now beingness turned into the enemy not just in our own commune only across the nation," said a statement from the spousal relationship in part. "The resolution in response to COVID protocols passed by the Board 4-0 on Thursday, February ten volition only intensify this pressure level and stress when teachers are forced to cull betwixt violating the state mandate or violating the lath's decision starting Tuesday. Teachers take now been put in a no-win situation no matter what we try to do."
But school board members and administrators are feeling pressure from parents and students — specially in more conservative parts of the state — who are tired of mask mandates and other Covid protocols. That pressure level increased after Mon's announcement, spurring protests at schools and district offices beyond the land.
L students at Bear River High School in Grass Valley were sent home Tuesday because they refused to wear masks, and about 30 students at Nevada Marriage High School in Grass Valley left their classes that day to join an anti-mask protest outside, said Brett McFadden, superintendent of the Nevada Articulation Matrimony High School District.
He said some students refused to habiliment masks Wednesday morning besides, but at that place were no protests.
"It'southward growing more and more difficult, particularly in rural districts where mask-wearing was so-and then to begin with," McFadden said Tuesday. "Now, starting today, the indoor requirements are existence loosened, but we don't have any definitive guidance from the state about when the mask mandate will be removed for schools, and all the stakeholders — after two years of this — are getting extremely tired of it."
McFadden says that schools should follow the aforementioned rules as the rest of the community, and he expects his school board will join neighboring jurisdictions in considering dropping the mask mandate.
"If they expect, in this expanse, it is quite possible that the seams could bust," he said. "You lot hear well-nigh what Roseville did, and that is but 45 minutes from me, and that created a considerable amount of stir hither. Nosotros take a growing and very vocal voice here saying enough is plenty."
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Source: https://edsource.org/2022/some-california-school-districts-are-defying-state-law-and-making-masking-optional/667805
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