One day after a Cherokee County, Georgia school district reopened, a classroom was closed after a second-grader tested positive for COVID-19. That student’s teacher and 20 other students have since been asked to quarantine for two weeks. The debate to have schools reopen continues to ravage the nation as many school districts across the United States will return to the classroom this August–be it in-person or virtually.
Health experts continue to investigate how children spread the virus, but leading officials have implored schools across the country to mandate masks and social distance measures to protect students and anyone they may come in contact with.
While there has been uncertainty on how likely children under 10 years of age are to spread the virus, studies have shown that children over 10 years old can spread the deadly virus just as quickly as adults.
With so many families returning to work, this leaves parents leaning on grandparents and other at-risk relatives and friends to look after children who may be carrying the virus without symptoms.
Though we know you can sue for lack of educational support, can you sue your school district for reopening if someone catches COVID-19?
COVID-19 Lawsuits & School Reopening
While parents are worried about sending their children back to school this fall, for those who have no other options, the question remains–Is the school liable if someone contracts and spreads COVID-19?
“On July 8, the School Superintendents Association, the Association of Educational Service Agencies and the National School Boards Association penned a letter to leaders in Congress asking them to pass temporary legislation to protect businesses that act in good faith from COVID lawsuits and to include school districts in that protection,” reports The Journal News.
While such legislation is in the works, right now, these lawsuits are not only possible but seem likely to occur. However, proving a child caught COVID-19 at school then spread it to others would be rather difficult to trace.
What a parent would need to show is that the school neglected to do everything in their power to follow the mandates and health and safety recommendations which permit social distancing to slow the spread of the novel coronavirus.
For example, if a child catches COVID-19 at school, a parent would need to pinpoint when the exposure occurred, if the school knew the student or staff member who was the point of contamination was following protocol and then that the student in fact caught the virus in school.
While in large schools with thousands of students that may be difficult, smaller, rural districts do have a reason for concern.
While schools support the passing of such legislation, parents are doing a double-take. Of course, education budgets are suffering across the United States and any lawsuits that emerge against them will be costly. But don’t parents have a right to fight for their children?
We believe that parents do. And that’s why we’re here for you.
Schools Reopen in Face of COVID-19: Lawsuits
Of course, you want your child to return to the classroom when schools reopen and get back to receiving the education that suits their learning needs. But when a school’s failure to comply with COVID-19 protective measures leaves your child at risk, you do not have to suffer.
If you are seeking a lawsuit against a state education department or school district, contact our COVID-19 Injury Lawyers right away. In addition, if you would like to join a class action suit, our nationwide attorneys can help.