Legal and Medical Principles for Leading Public Schools Throughout the COVID-19 Pandemic


At the time of this writing in the summer of 2022, the COVID-19 pandemic has already taken nearly 6.5 million lives, over one million of whom were from the United States––more than any other country in the world.[1] American public schools have become a primary focus for political and legal questions about the government’s role in curbing infection and death rates by vaccinating employees and students. As demonstrated in this article, school administrators can play a unique role in promoting public health by educating communities about the legal parameters of health mandates and exemptions. To effectively equip school leaders in navigating these complexities, we formed a research team consisting of an education leadership professor and former elementary school principal, a lawyer with expertise in education law, a religious liberty educator and pastor, and a family medicine physician. Together, we explore the history of litigation surrounding required vaccination and provide a legal analysis of legislation in states that currently permit exemptions. Together, we ask: What is the current landscape of COVID-19 vaccine mandates in each state, and what impact does this have on public K-12 schools? To what extent do these requirements include exemptions from generally applicable laws? and What leadership principles can school administrators apply when guiding diverse stakeholders to educate students safely?

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Publisher

* Education Law Into Practice is a special section of the Education Law Reporter published in collaboration with the Education Law Association. The views expressed are those of the author and do not necessarily reflect the views of the publisher or the Education Law Association. Cite as 404 Educ. L. Rep. 415 (2022).

About the authors

** Elisabeth Krimbill, Ed.D. is Assistant Professor, College of Education and Human Development, Texas A&M University-San Antonio. Maureen Fox, J.D., M.S. is Adjunct Professor, University of Bridgeport School of Education, Bridgeport, CT. Nathan C. Walker, Ed.D., M.Div. is President, 1791 Delegates, Philadelphia, PA. George Morris, M.D. is Physician, CentraCare, St. Cloud, MN. The following paper was developed for and presented at the 2021 annual meeting of the Education Law Association in San Antonio, Texas.

Citation

Elisabeth Krimbill, Maureen Fox, Nathan C. Walker, George Morris, Legal and Medical Principles for Leading Public Schools Throughout the COVID-19 Pandemic, 404 Educ. L. Rep. 415 (2022).

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