Defining the Standard of Care

David Wolowitz headshot
David Wolowitz
Senior Director, Education Law Group
Published: NBOA's Net Assets
July 12, 2021

When the pandemic struck and schools switched to remote learning in March 2020, independent school administrators and boards shifted into crisis mode.  The year that followed has been exhausing.  Fortunately, recent vaccinations against COVID-19 created a sense of optimism among school leaders, many of whom are now talking about schools’ “return to normal.”

Through the crisis, we have learned important lessons about managing significant risks to student health and safety that I hope will be carried forward.  Independent schools have performed admirably, even heroically, under the most trying and unexpected circumstances.

During the pandemic, school administrators have been confronted with a range of critical risk management decisions.  Foremost among them was the challenge of how to keep students safe during in-school learning in a pandemic.  Administrators were faced with realization that no amount of safeguarding efforts could provide 100% protection from someone contracting the virus.

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