ST. PETERSBURG, Fla. — As the coronavirus pandemic rages through through the state of Florida, the debate over when and how to safely reopen schools gets more complex by the day.
Most public schools in Tampa Bay are offering parents the option between either in-person or virtual learning. Many districts are looking to delay the first day of school to give teachers and staff more time to prepare for the new learning models.
With so much still unknown about the first day of school, some parents in Tampa Bay are now being asked to sign a COVID-19 waiver.
Parents sent 10 Tampa Bay a copy of the waiver they received. It says:
ASSUMPTION OF RISK: The Diocese of St. Petersburg/ School cannot prevent you or your child/children from becoming exposed to, contracting, or spreading COVID-19 while attending School and related activities. It is not possible to prevent against the presence of the disease. Therefore, if you choose for your children to attend School, your child and/or other family members may be exposed to and/or at increased risk of contracting or spreading COVID-19.
Charles Gallagher received the document in his daughter's reopening packet. As an attorney, his legal mind kicked in.
"There’s no way for a parent to truly have an appreciation of the risks and under Florida law you have to have an idea of what that understanding is for that to be a valid assumption of risk under that document."
In other words, Gallagher explained that because there is so much still unknown about the coronavirus, no one has a full and comprehensive understanding of the true risks associated with COVID-19.
Unlike other waivers one might sign to skydive or participate in a school athletic team, this waiver does not explicitly lay out the risk and what's being done to mitigate that risk.
Gallagher added, "We understand you might break an arm, break a leg playing football. That risk is understood. This is a different concept, a whole different beast."
The Diocese of St. Petersburg issued this statement:
"The “Statement of Understanding and Release of Liability in Regard to Covid-19” for schools in the Diocese of St. Petersburg is to ensure that parents are aware that even with many preventative measures in place, a student could still be at risk for COVID-19 and parents/guardians are asked to decide if they want to assume that risk, as it is their choice to make. The document continues to be evaluated by our school administration. Now that the opening of schools has been delayed by two weeks to August 24th, additional changes could be forthcoming. It is important to understand that each school has an alternative educational plan option available for families that do not wish to return to in-person instruction and do not wish to sign the document. We continue to pray for all impacted by COVID-19 and for an end to the pandemic."
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