The School Board of Trustees voted this week, after lengthy discussion and a presentation by Superintendent Summer Stephens, to make changes to the Safe Return to In-Person Instruction plan they passed this June. Changes include removing language “requiring” face coverings under Governor Sisolak’s Directive 045 of his Declaration of Emergency for the State’s COVID response that “highly recommends” face coverings for students in grades K-12. All adults must wear face coverings when inside any district facility.
Trustee Tricia Strasdin made the motion to approve the plan, “under protest regarding the mask mandate for adults,” directing staff to draft a resolution calling on the Governor to give local control over mask guidelines and bring that back to the board for action. The board approved the motion with Trustee Fred Buckmaster abstaining.
Dr. Stephens explained to a packed house at the meeting on Wednesday night how the school district will implement Governor Sisolak’s mask mandate this school year and explained the changes that were made this week in the plan. Changes include the procedures for random Surveillance Testing that includes parental notification. All student-athletes and activity participants in middle or high school, along with coaches will be required to complete weekly COVID testing. Guidelines for excluding students from the classroom in the case of exposure to an infected person and protocols for quarantine were also explained. Masks must be worn on all district transportation. The entire revised Reopening Plan is available on the district website, ChurchillCSD.com.
Stephens has been working with several superintendents across the state who want to make sure students return to the classroom this fall. Local districts are working in response to pressure from their local communities to unmask students, and policies of the governor pushing for masking. In July Sisolak issued 048, responding to an increase in COVID cases across the state particularly in Clark County.
Attorney for the District, Sharla Hales said the Governor’s mandate has been that all students had to wear masks. “She (Stephens) and other school superintendents worked very hard and would not take that for an answer and the Governor’s office relented and instead of mandating that students wear masks they changed that to ‘highly recommend’.” Superintendents also advocated that masks for adults be left up to local control. “Despite their strenuous efforts, they were not successful regarding adults.”
Hales explained that Sisolak is authorized to take that action under state law which says the Governor has the authority to declare a state of emergency. After such a declaration, he has additional authority and power, including implementing health and safety protocols to address the emergency. He has exercised that power to say that adults in schools must wear masks indoors. “One would like to think the local school board could make that decision but that’s not the case.”
She explained the school board authority is also established under state law. Nevada Revised Statute 386 says that the board of trustees is given reasonable and necessary powers, not in conflict with the constitution and the laws of the State of Nevada. “Since the Governor’s mandate about masks is made under the law, it is the law and this board does not have the authority to say, ‘in our district, we’re not going to comply with that law.’ I would say they (the board) disagree with that mandate. This board is not going to disagree with you if you are against masks. You are on the same team.”
According to Hales, there are several ways the board can address the mandate including resolution, letter, or recommendation to the Governor’s office. The Governor’s mandate is enforceable by OSHA, which has the authority to levy fines for employers who are not following the Governor’s mandate. Fines for willful violation can run up to $135,000 for each violation. “If this board were to contravene the authority given to them under the law there would be real consequences under OSHA.”
Trustee Fred Buckmaster said, “I will not be bullied into wearing one, and I don’t expect our students or staff to be bullied into wearing one by anybody. I think it’s crap.”
Gregg Malkovich said he believes it is up to every adult whether to wear a mask or not. “I would hope that in policing this we use common sense.”
Carmen Schank said she wished the district had local control. “I would leave the option up to you as people whether you wanted to wear a mask or not.”
Kathryn Whitaker explained that she understands the frustration and that educators could be more effective without masks on their faces. “I’m baffled that so often we’re not looking at how it can help one another, but we’re concerned with ‘you can’t make me do it.’ I respect the choice; I’m concerned with why the choices are being made not to get vaccinated for something that can help mitigate.”
She said with some disagreement, she does think the board needs to write a resolution to the Governor, “to express our frustrations and our dismay that we cannot, based on our own community testing numbers and standards, be able to have that control over how we manage the numbers and treatment within our own school district.”
Strasdin said, “I despise this whole issue has become so politicized. We are thankful that you (Stephens) and the other superintendents were willing to fight for getting our students back into the class without mandatory masks.”
Several members of the public commented including Second Grade teacher from E.C. Best, Heidi Emke, who thanked the board for their stance. “It has put my mind at ease that you all feel the same way the rest of us do.” She wears a shield in her classroom instead of a mask. In a conversation with her students, she said, “They all expressed they were happy they could see my face. They said it’s kind of scary when you can’t see the face of the person you’re supposed to be with.”
Parent Steven Kratka expressed his appreciation for the board and the different perspectives. “It was really impressive to see you guys stand up for this. I know it’s been hard, and you take a lot of flak. I really appreciate the camaraderie and the unity I see here tonight, and I really think if we can get the letter put together and get some local control that would be amazing. I really have my doubts, but I like seeing the effort. That’s why I voted for you, thank you. I’m enjoying the fact you fixed the things we talked about.”
Board President Matt Hyde said the district has been in a tough spot with the COVID situation “I took an oath to follow the law and this mandate is a law. There are a lot of laws on the books I don’t like, but they’re still laws. I don’t agree with masks at all, I don’t think they work, they’re foolish. But our Governor thinks they’re great.” He said he wants the resolution to reflect local control, saying there are certain expectations people have and they are like-minded expectations. “When we have our hands tied by law – it’s been really tough on this board. People have berated us, but we are bound by law.” He added that if someone were to sue the district, the trustees can be sued personally as well. “I don’t want to spend a bunch of money on lawsuits or OSHA fines, I want to spend money on educating kids. I would only vote for this under protest, and we need to direct staff to write a resolution voicing our disdain. This is not something this board is ever going to give up on and not something Summer is going to give up on – doing what’s right for our kids.”
Comment
Comments