Beatrice School Board hears legal perspective on masks

BEATRICE – An attorney who counsels school districts and boards in Nebraska and South Dakota met with the Beatrice Board of Education Thursday night….one of the topics being masks in schools.

It’s been a controversial topic locally, and the Beatrice School Board will consider next month whether or not to continue a mask mandate within school buildings.
Karen Haase of KSB School Law said regardless of opinions on masks, legal counsel’s main goal is to allow students and staff to be in school, and have options. Covid rules can create some confusion.

"If a student is exposed to Covid during an extracurricular activity, like a basketball game or a track meet...if it is during the activity, the other close contacts don't have to isolate or quarantine. But, if it's on the bus on the way to the activity, they have to be wearing masks and anyone that's not wearing a mask has to isolate or quarantine. If it is after the activity has been completed, they have to be masked or close contacts have to quarantine. So, you can sweat all over each other during the basketball game without a mask on...and after its over before you can shake hands and say good game, you have to put your mask on. It's my job just to tell you the rules...and I'm trying to save prom and track and football season. I'm beyond the point that I'm asking why....I'm just here to tell you what they are."

Protocols have not been eased for children who have tested positive for the coronavirus in the past, when it comes to extracurricular activities. Haase also talked about the current rules regarding students in classes.

"In each school space where everyone is masked including the initial positive case, only the initial positive has to isolate. If an initial positive is not masked, the initial positive isolates and the close contacts, quarantine. We have about ten schools across the state I represent, where the board has said we're going to go back to where masks are optional and not mandatory. That is lawful. The problem is, say a second grade kid turns up positive, your whole second grade class is having to be out, for two weeks."

The current directed health measures affecting schools extends through the end of April. Haase told the Beatrice School Board that of ten districts she works with who have made masks optional, one has moved to mandated masks because of an outbreak of Covid. Another one is moving back to mandating masks….but the remainder have managed to avoid problems, so far.

"I can tell you with integrity, this is a board level decision. I can also tell you that there are definitely public policy reasons to consider continuing masking, because of the way it works with quarantine and isolation rules."

Haase said it’s a situation where parents are yelling at school officials because of mask requirements or yelling at officials because districts aren’t having remote learning. In her words… “nobody’s happy.”

Much of the workshop Thursday night dealt with the school board’s lack of direct role or involvement in personnel or student complaints…requiring boards to leave that up to school administration and a chain of command.