The state teachers union sent a letter to Nebraska school superintendents warning that districts face “significant legal liability†if they don’t require all students and staff to wear masks.
The letter, dated Monday from the Nebraska State Education Association, said not all school districts require students and staff to wear masks, despite changes to the state’s directed heath measure Sept. 1 that require students to wear masks if they are self-monitoring for symptoms.
“The science is clear: The spread of COVID-19 is minimized when everyone wears face coverings,†the letter says.
NSEA Executive Director Maddie Fennell said her organization doesn't have a tally of how many districts don't require face coverings, but know they exist, despite the updated directed health measure, which also says students are no longer required to quarantine if they were wearing face coverings at the time of exposure.
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That updated directed health measure also exempts school staff from having to quarantine despite a close contact with someone who is positive or symptomatic as long as they wear face masks and self-check for symptoms — a change that surprised and angered NSEA officials when it went into effect. Lincoln Public Schools officials said at the time they would make no changes to their protocols, which call for quarantine of such close contacts.
“School districts that do not require students to wear face coverings are unreasonably and needlessly exposing students and staff to COVID-19,†the letter said. “It is the expectation of the NSEA that school districts require the use of face coverings by all staff and students.â€
Districts should inform staff when others in their work environment are there because of the quarantine exception. That, along with requiring face masks, is a minimum standard of care necessary to live up to their legal duty to protect employees health and safety, the letter said.
“Both exceptions,†said NSEA President Jenni Benson, “clearly focus on the presence of face coverings."
She noted that the president of the insurance pool that provides liability coverage for many Nebraska school districts advised them to have good plans in place and pay attention to the health directives.
The pool insurance provided through the Nebraska Association of School Boards will not cover claims related to COVID-19 because larger insurance companies with which they work are not providing such coverage, said NASB Executive Director John Spatz.Â