School districts seek protection from COVID-19 liability

School districts are seeking protection from COVID-19 lawsuits, determined to spend money on resources like personal protective equipment, staff and laptops instead.

More than 100 school superintendents signed a letter asking Gov. Jay Inslee to issue an executive order protecting schools from COVID-19 liability. They represent about 40% of the districts in Washington state. They wrote the letter in July with the help of the Washington Schools Risk Management Pool.

“Rather than spending the resources on paying lawyers to track down and find where the COVID came from, we wanted a form of a safe harbor, which means if the school districts do everything to be careful and plan for careful reopening, it gives us some protection from having to face lawsuits,” said Tyna Ek, with Washington Schools Risk Management Program.

She said the governor’s office did not offer any protection. She hopes the legislature will act in January.

The governor’s office stated his education policy adviser did talk to the author of the letter.

While lawsuits are inevitable, Ek does not think liability is keeping any districts from opening. Rather, she believes it is due to the increase in COVID-19 cases.

The districts that have delayed in-person learning until January at the earliest include Everett, Edmonds, Bellevue, Renton and Federal Way.

Seattle, Highline and Kent are delayed until at least Jan. 28.

Some districts haven’t given a return date, including Mukilteo, Northshore, Lake Washington, Tacoma and Olympia.

The Olympia School District expects to get more guidance from the Thurston County Health Department on Friday.

Cox Media Group