The Big Sandy School board held a special meeting to discuss two items during a Covid-19 quarantine. There was one kindergartener who tested positive for Covid. This reporter does not know if it was the Delta strain or not. The result of that, and because the children in the kindergartener class do not maintain social distancing, meant the county health nurse recommended that all kindergarten classes stay home for one week.
Melanie Schwarzbach representing the teacher the Memorandum of Understanding-COVID leave document requesting funds become available for teachers quarantined. She mentioned not all schools are making the same amount of time available. Some schools are doing five days extra, while other schools are doing ten days extra. There are federal monies available to help pay for it. This was tabled till the next board meeting so that board members could research the subject.
There was a lot of discussion at the meeting, with Kelly Howland starting the discussion. His biggest concern is keeping all students and staff safe. He mentioned the School Board policy 1905. Currently, a janitor is coming into the school and fogging the classroom with a disinfectant at 2:30 in the morning. Fogging curls all papers, but at least everyone knows the fogging has taken place. He continued to say they were doing everything they did last year, except masks are volunteered this year. He suggested people get the vaccine and keep their children home if sick. They will not go against county recommendations. “We will follow county recommendations,” although last year the school was required to follow the county health nurse mandates, this year she can only give recommendations, but the policy states they will abide by her recommendations.
Several people gave their opinions; some had good research to back up their request that the masks not ever become mandatory again. At one point, someone mentioned that this was an “emotionally charged issue,” and it was. Glen Terry ended up adjourning the meeting after tempers flared up. More than one person felt disrespected!
The biggest takeaway for this reporter is the policies are complex and confusing. Even the new laws create multiple areas of confusion. Wading through the various subjects and trying to follow the policies has made them a land mine. The school must follow the policies by law, whether parents want them to or not. On the other side, different schools determine the policy differently than Big Sandy Schools, so it adds even more to the confusion.
If you would like to read the Big Sandy School Policies, including Communicable Disease, they are on-line at Big Sandy Schools.
From Mr. Haaland’s Desk:
The following information is from the Montana Public Education Center that we as administrators and board members rely on to run our schools especially during the Covid-19 pandemic.
“Montana’s public school districts are working to comply with various statutes, regulations, orders, guidance, and recommendations on the appropriate method to create and maintain a safe and healthy school setting during the coming school year. MT-PEC partners have been providing guidance on COVID-19 through websites, webinars, and other in-person and remote training. The guidance provided throughout the year has been tailored to ensure school districts and school officials comply with applicable laws and orders, honor student and staff rights, and deliver instruction that maximizes the potential of each child.”
We spoke about Board Policy 1905 the other day and The following is “COVID-19 and the 2021-2022 School Year Frequently Asked Questions”
MTSBA 2021 COVID FAQ V5.3 SEPTEMBER 9, 2021 - 4 -
FACE COVERINGS / MASKS Question 1: What factors do school leaders have to consider when adopting a mask or face covering policy in their school district?
Answer 1: The statewide mask mandate was lifted in February of 2021. In response, MTSBA prepared an update to MTSBA Model Policy 1905 to provide an option for districts to adopt a district policy regarding face coverings. Specifically, the language in MTSBA Model Policy 1905 has been replaced with options regarding face coverings:
• Option 1 is a mask requirement adopted by the board of trustees that will apply to staff, students, and visitors present in school buildings or events along with accepted exceptions to the mask requirement.
• Option 2 is language stating those present in the school may choose to wear a mask in a school building, but it is not required
• Option 3 is language stating those present in specific buildings which serve students of a specific age or grade group are required to wear a mask while those present in other buildings that do not serve those students of those specific ages or grades have the option of wearing masks.
Board of Trustees may select Option 1, Option 2 or Option 3 when revising MTSBA Model Policy 1905. Explanations of the issues related to these options are included below. The Governor’s directive does not restrict the authority of local governments to implement mask mandates that are more restrictive than the new state directive. County boards of health have statutory authority to impose restrictions within the exterior boundaries of the county to slow the spread of communicable diseases. If a county board of health adopts a directive requiring masks be worn in public buildings, public schools within that county will be obligated to honor the directive. Boards may adopt a customized version of Option 1 that reflects a county’s mandate. It is important to note that a “recommendation” from a county health board is not a “directive” and does not have the binding authority of the law.
If a county board of health does not issue a directive, a public school, as a local government, may decide to implement a face covering/mask requirement through the school board’s adoption of a policy governing that specific school district by adopting Option 1 in MTSBA Model Policy 1905.
The Governor’s Office stated via email on February 11, 2021, that local school districts may pursue this option. The email, as included in the MT-PEC mask guidance states, “(The) directive allows local jurisdictions, including local school boards, to implement their own mask requirements.” This statement supports school board authority to adopt a mask mandate as a local government. The Governor reinforced this position by stating Boards should consider public comment when determining whether to implement a mask policy in a letter dated August 6, 2021. This letter acknowledges a Board’s authority to adopt mask rules.
A board-adopted policy will help in the event there is a general challenge to a board adopted mask requirement. The statement from the Governor’s Office clarifying the state directive will be an important element of defending against any challenge to a district mask mandate. This is consistent with inherent authority school boards hold under Article 10, section 8 of the Montana Constitution to exercise supervision and control over the school district. Under this authority, if there is a challenge in the courts, a district has the basis to assert the mask rule is subject to the “substantially related” test established by the Montana Supreme Court State, ex rel., Bartmess v. Helena Board of Trustees. In the event of such a challenge, a district would argue the mask rule is reasonable given the board’s requirement to adopt policies addressing student health issues as required by ARM 10.55.701(2)(s). Further, Section 20-3-324, MCA, states boards of trustees shall open schools, employ staff, and adopt policies required by the Board of Public Education. The Board of Public Education requires adoption and implementation of policies regarding student health issues. School districts can argue faithfully that a mask requirement is consistent with and substantially related to their powers and duties under state statute and the Montana constitution. While legal outcomes are never certain, a district will have a stronger argument in support of a district mask requirement with a board-adopted policy. If a school board adopts a mask requirement policy, the next issue is whether it is enforceable on students, staff, and visitors. Section 20-5-201, MCA, and MTSBA Model Policy 3310 requires students to comply with the policies of a district and directives of district staff. Students will be expected to comply with the policy if adopted by the board of trustees. Staff and visitors will also be expected to comply. ARM 10.55.701(2)(d) requires boards to adopt policies delineating the responsibilities of staff in a district.
*Big Sandy School District*
On the front of the Big Sandy School website you will find under Big Sandy News a document called “Safe Return to School and Continuity of Services Plan’. On the very bottom of that document there is a link MT-PEC A Roadmap for Safely Reopening Montana’s Public Schools Using Emergency School District Policies.
I will be adding more information in the days to come and be writing more for Lorrie Merrill when time permits. And of course you can stop in and visit with me on this or any other matter that concerns your students, staff and community safe
As we all know Covid-19 is a very hot topic as was demonstrated at the board meeting on Wednesday evening. What we all need to do is step back and realize that we as a school board, administration, teachers, staff, students, and community members all want the same thing. We want to keep our school safe and keep our kids in school. When we were no longer mandated to wear masks; it was then recommended by the Montana School Board Association that we follow our county health recommendations, as well as what our school board has recommended. At present it is recommended but not required, that we wear masks, that can be changed by either the school board or the administration. Our situation changes daily and it is my hope that we can all agree to do what is best for everyone. We as a board and administration realize that wearing masks is not ideal and as per your input we will do our best to follow that. YOU MUST REALIZE TO HELP US IF YOUR CHILD HAS SYMPTOMS PLEASE KEEP THEM HOME FOR THE WELL BEING OF ALL. My door is always open, if you have any comments or concerns I encourage you to visit with me. I will be adding more information in the days to come and be writing more for Lorrie Merrill when time permits.
