Are teachers ‘essential’? Commissioners weigh the issue

School superintendents from public schools in Daviess County met with the Daviess County Commissioners at the courthouse in Gallatin on Sept. 16 to discuss whether teachers should be considered “essential workers” during this pandemic.
Superintendents attending were Brian Robinson, Winston R-6; Bill Pottorff, Pattonsburg R-2; David Probasco, Tri-Co R-7; and Daniel Street, North Daviess R-3. Cheryl Alexander with the Daviess County Health Department was also present. David Roll, Daviess County Emergency Management Director, joined the meeting by phone.
The Commissioners decided they needed more information before making a decision.
Local officials must first wend their way through federal and state ‘advisories’.
On the federal level, the Trump administration labeled teachers and teachers’ aides as “critical infrastructure workers” in an Aug. 18 guidance published by the Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency.
The declaration was aimed at pushing school districts to open for in-person instruction for the fall semester amid the coronavirus pandemic.
However, DHS said the label is only advisory and not meant to be a federal directive. It doesn’t have the force of law.
Still, school districts that want teachers to return to classrooms — even when teachers declare that it is not safe to do so — could point to the federal designation to argue their cause. Their cause being that a designation for educators as “essential” by the county could exempt teachers from quarantine after being exposed to the coronavirus.
At the state level, a joint release was made on the subject from the Missouri Department of Health and Senior Services and Department of Elementary and Secondary Education. The release states that the decision to list teachers as essential will be made by local governments, health officials, or school districts.
The document states: “In order for educators and/or school staff members to be classified as essential workers in Missouri, executive action would be required. However, local governments, local public health departments and school districts are able to take this information and make their own decision locally. Local education agencies may review this guidance and work with their local public health department(s) and legal counsel to determine how/if they wish to move forward. Local school boards considering designating educators as essential workers may wish to address new questions related to their local sick leave and/or paid time off policies.”
Of greatest concern to local educators and health officials is the issue of liability.
David Roll stated his greatest concern is the liability issue — with no state advice where does liability fall?
Cheryl Alexander of the Daviess County Health Department explains that the local health department cannot label teachers as “essential workers” or do a “modified quarantine” for liability reasons. The health department can only follow the federal list of essential workers. Missouri did not adopt teachers as essential.
“I am still reaching out to the state directors for more direction on this matter,” Ms. Alexander added, “but I have yet to hear from them.” She also stated she would have to run any order by Dr. Larry Dickenson (Medical Director) before she could issue an order.
Winston Superintendent Brian Robinson stated he foresees a problem with trying to keep school open with teachers being quarantined for 14 days and not considered essential. But he also stated that the greatest liability is if whoever makes the determination goes against the health department’s recommendations. Robinson stated he would not be in favor of going against whatever recommendation the health department would issue. He also stated his school probably will pursue a path to join with the health department to get this done.
Jamesport Tri-County Superintendent David Probasco stated his school would still ask educators and family contacts to quarantine at home.
Helping to stir the already muddy waters, the Commission was presented a resolution from Nodaway County Commission that declared school personnel as essential. Commissioner Jim Ruse stated he was not sure why Nodaway County would make such a resolution without advice from their legal counsel. Ruse also stated he had spoken with Daviess County’s attorney and was instructed the Commission did not have the authority to make that determination, and mentioned that Department of Elementary and Secondary Education in August had determined that school personnel were not considered “essential workers”.