What does SB4 mean for public education in Nevada?

Recently passed by the Nevada Legislature, Senate Bill 4 limits liability “in any civil action where a plaintiff alleges a personal injury or death as a result of exposure to COVID-19 while on a premises owned or operated by an entity.” The bill is intended to lessen the risk of lawsuits by employees against private businesses, particularly casinos and hotels.

The bill’s primary purpose is to preserve tax revenue from tourism and the gaming industry by keeping businesses open. It may help keep workers employed, but places a different value on the lives of workers depending on their occupation or profession.

This legislation clearly distinguishes that value by race/ethnicity along with economic and political interests in Nevada.

The bill states “that certain businesses … are immune from civil liability for personal injury or death resulting from exposure to COVID-19,” if they “substantially complied with controlling health standards.” This immunity is also extended to a “governmental entity” meaning “the State of Nevada or any of its agencies or political subdivisions.” It requires “substantial compliance with controlling health standards” for immunity from liability.

There is a notable exemption to this immunity. The term governmental entity “does not include any public school entity for pupils in preschool, kindergarten, or any grades 1 through 12.” This exemption will divide educators by placing administrators and school boards in a precarious position.

School boards and administrators opposed SB4 because most of the liability for injury will fall on them. Teacher support for this bill was misguided. This legislation will not make teachers safer; it just increases the probability of compensation from a lawsuit.

The responsibility for liability will create friction between teachers and administrators over accountability for safety in the building. The bill may also cause a division among teachers with a loyalty toward having students in their classrooms and those with valid health concerns.

Increasing liability for public school districts makes them more vulnerable financially.

Choosing not to open with in-person education may also decrease revenue because of decreased student enrollment. Distance learning will encourage some students to attend private and for-profit charter schools that willingly risk health and safety for monetary gain.

SB4 asserts that, “The Director (superintendent?) shall adopt regulations requiring each public accommodation facility to establish protocols.” Required protocols in this bill include “methods to encourage, to the extent reasonably possible: (1) Employees to remain at least 6 feet apart from other employees and guests during their work and while on break. and (2) Guests to remain at least 6 feet apart from employees and other guests.”

Disciplinary matters in schools regarding any violations of safety and health protocols will be unique and sensitive depending on context, intent and grade level. Responsibility for resolving these conflicts will fall mainly on building administrators. Administrative decisions may be controversial and increase the risk of liability related to the COVID-19 virus.

Will teachers be effective if they are 6 feet apart from their students at all times? Is it realistic to expect that students will remain 6 feet apart at all times? The previous protocols and others, such as constantly wearing a mask over one’s nose and mouth, will create a new realm of student management issues. It is not hard to imagine a middle schooler pulling down his mask to fake cough on another student. Do you remember worrying about just catching “cooties?”

Schools will automatically follow local and state mandated safety and health protocols. But there is no completely safe way to open schools with in-person classrooms this fall. This is highlighted by the initial disaster in Georgia, where hundreds of students and adults were quarantined during the first week of school. Federal politicians that offer weak recommendations regarding safety protocols are unwilling to accept any responsibility for illness or death as a result of COVID-19 contact in classrooms.

It will be difficult for school boards and district leaders to open public schools in Nevada this fall for in-person instruction due to the liability for the virus. They will face intense political pressure to risk their personal liability and will be criticized by both promoters and detractors of the full opening of schools.

This column is neither supporting or opposing the opening of in-person classrooms at this time, although the risks and pending liabilities are clear. The risk of death or serious illness from COVID-19 for children may be low, but it is not zero. Some students and teachers will die as a result of exposure to the COVID-19 virus if they return to in-person classrooms this fall.

Greg Wieman is retired after a 38-year career in public education in which his roles included teacher, coach, principal and superintendent. He holds a doctoral degree in education from Eastern Michigan University. He can be reached at [email protected].