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Will schools mandate COVID-19 vaccine or face liability?

Education Dive |

As the new school year approaches — with many parents, teachers and students disagreeing on key decisions such as reopening dates and safety requirements — legislators and educators are floating the idea of schools potentially being held liable. The AASA is talking to Congress about including liability protections in the next round of bills. 

According to Brian Schwartz, an education lawyer who has served as general counsel for the Illinois Principals Association for 20 years, schools can minimize liability by following local, state and national mandates, especially regarding PPE and social distancing. “Liability might exist if a school requires students and staff to attend in-person and then refuses to follow mandated safety protocols,” he said, adding a school district’s insurance carrier might refuse coverage if safety mandates are not in place or are willfully ignored.