California schools aren’t waiting for Newsom to lift mask mandate. Will state crack down?

Earlier this month, fed up with the state’s continued school mask mandate, the board of trustees at Roseville Joint Union High School District voted to allow its students to remove their masks in the classroom, if they preferred.

State officials “have not responded to any of our past attempts at communication on this topic,” the resolution stated. “As such, RJUHSD is taking the initiative to do what is best for the well being of our community.”

The move was praised by conservatives and some parent groups across the state. But a week later, the district got a letter from their insurance provider, warning they could lose their benefits and coverage for refusing to follow a state law.

Schools Insurance Group, a joint powers authority composed of school districts across five Northern California counties, said the resolution opened the district up to liabilities that they may not be able to cover.

The group is considering terminating the district’s membership as a result.

“In view of the District’s willful refusal to enforce state law, which exposes SIG to avoidable liability exposures and coverage disputes, SIG unfortunately has no alternative but to consider whether the District should continue to participate and receive the benefits of the cost-effective and broad coverage through SIG,” the letter said.

Across California, vocal groups of parents and conservative school boards are getting antsy about the state’s ongoing mask mandate in classrooms. Gov. Gavin Newsom lifted the universal mandate in public spaces on Feb. 16, but declined at that time to lift the one in schools.

The state is expected to provide an update on Monday, but it’s unclear when exactly the mandate will be lifted. The Centers for Disease Control updated its guidance so that most Americans will no longer be advised to wear masks in indoor public settings.

With other states lifting mandates, some districts, like the one in Roseville, are ending their mandates early. Clovis schools in Fresno passed a similar measure this week. Students at Nevada Union High School spent Wednesday watching a movie because teachers walked out in response to the district lifting its mandate.

Soulsbyville Elementary School District also lost their insurance coverage after voting to lift the mandate in December. The board then later voted to rescind the resolution.

“It absolutely makes sense … that those insurance carriers and the agencies that provide that coverage would drop coverage to people that are deliberately violating the law,” said Kevin Gordon, president of Capitol Advisors Group, a lobbying firm that represents hundreds of districts around the state

“What they’re doing is creating the potential for a claim to be brought that is of their own making,” he said.

School boards are caught in an impossible place, Gordon said. Teachers unions, generally, want to keep masks, and many parents want to remove them. There’s also the fact that many other Democratic-led states have also removed their school mask mandates.

Gordon said he is advising districts to follow the state law and put pressure on leaders.

“At some point the people trying to defend health rules that stop having credibility is in some ways a bigger problem. And that’s where school officials are at right now, he said. “Children can go to Disneyland today and not have to wear masks indoors or outdoors. But they can’t go to school without wearing masks.”

State mask enforcement

The state has done little to enforce the mask mandates, though state officials say school districts are required to follow state law.

When asked about districts lifting mask mandates, a spokesman for the governor directed The Sacramento Bee to remarks from Health and Humans Services Secretary Dr. Mark Ghaly earlier this month.

Ghaly was asked if districts, like Roseville Joint Union High School, could lift mask mandates ahead of the state.

“No,” Ghaly said. “They’re in the State of California so these state requirements apply.”

The Department of Public Health sent a letter to school leaders at the start of the academic year advising them of the legal obligations and consequences regarding masking in classrooms.

School leaders who decide to bypass the mask mandate could face “significant financial liability” if a student or staff member contracts COVID-19 in the absence of masking enforcement, the letter said.

“The financial exposure would be substantial if a student or staff member were to die from COVID-19,” the health department said.

Newsom last week acknowledged there are passionate parents on both sides of the masking issue, and that California is one of 13 states that have not yet lifted the mandate.

“We have to accommodate for a state that has more schools and public school educators than any other state in the nation,” he said.

Gordon, the lobbyist for school districts, said it has become harder for the public to view state health mandates as legitimate when even the ones who make them don’t follow them. The governor, for example, was photographed without his mask off at an NFL playoff game.

“I almost think no matter what metric, no matter what transition the state comes up with…we’re still going to have this problem because of the appearance of hypocrisy by those who are handing down the requirements,” Gordon said.

Teachers’ worries over mandates

Jessica Fork, president of the Roseville Secondary Education Association, said teachers have been caught in the middle of political disputes throughout the pandemic. But the resolution from the board to lift masking was a “tipping point”, and they’re worried about the insurance warning. District employees receive health insurance through the group.

“We do have some teachers who are like, ‘sure we don’t care if we have mask choice,’” Fork said. “Overall, we really should not be breaking state mandates or state laws because that is a slippery slope.”

The insurance group joint powers board will discuss potential consequences for the district’s defiance at an upcoming meeting, including termination of membership, the letter said. It’s the policy of the group to provide members with a 90-day notice of termination.

Pete Constant, a Roseville school district trustee, said in an email the board “fully understands the risks of the decision we made and are prepared to defend them in the best interests of the children and families we represent.”

Fork said she doesn’t think it would do any good for the state to try to enforce the mask mandate at this point, but leaders should have decided about schools earlier this month.

“To me, the genie is already out of the bottle,” she said. “I really wish Newsom had decided on the 14th.”

This story was originally published February 26, 2022 at 3:00 AM.