School district employers navigating the COVID-19 pandemic have already confronted myriad legal compliance challenges. As school districts that have adopted virtual or hybrid learning approaches plan for full reopening, an issue of paramount importance is employment law compliance. School districts’ best protection against COVID-related employment claims is to follow applicable federal, state, and local laws and guidance on matters such as workplace safety, employee health monitoring, COVID leave laws, accommodations, and (when they become available) vaccines. By following such guidance, the school district will be able to assert the defense that it has adhered to reasonable standards of care.
This checklist is intended to identify key COVID-19 workplace issues affecting school districts in order to enable them to assess and mitigate potential risk. It is critical to remember that laws and guidance concerning COVID-19 are rapidly evolving, and therefore the information contained in this checklist is subject to change. School districts should frequently monitor the Centers for Disease Control and Prevention (“CDC”) website and the websites of relevant state and local authorities for the latest requirements and guidance. Specific concerns should be discussed with your district’s attorney to ensure the district is acting within the bounds of current federal, state, and local laws.
School districts may wish to complete this checklist together with legal counsel. Depending on the circumstances, completing the Self-Audit Checklist with the assistance of and at the direction of counsel, may help protect the document pursuant to the attorney-client privilege.