March 29, 2024

New NV policy asks employees to vaccinate or be tested and mask now on hold

A policy the Nodaway Valley school board passed Friday so the district would be in compliance with the Occupational Safety and Health Administration’s vaccinate or test and mask mandate for employers of more than 100 employees is considered on hold now here. The decision came after an email from the district’s legal counsel, Superintendent Paul Croghan said.

Governor Kim Reynolds announced over the weekend that as a state rule state, Iowa would not enforce the federal guideline should they come. It requires employees who are not vaccinated to submit to COVID-19 testing every seven days.

Iowa can set its own health standards so long as they are not of less strength than the ones set at a federal level, so Iowa leaders wait to hear a U.S. Supreme Court decision on the mandate as they decide their next steps.

If the mandate goes in place, the district must begin taking steps to determine the vaccination status of each employee as soon as possible. Testing requirement pieces of the law wouldn’t be enforced until Feb. 9, the current form of the mandate says.

Nodaway Valley board members gathered 8:30 a.m. Friday in the superintendent’s conference room for a meeting that was called for on Wednesday.

The Iowa Association of School Boards and Nodaway Valley’s legal counsel each advised this policy be put in place.

The board spent about 45 minutes discussing the matter before taking action on it.

Croghan explained that staff were notified of the policy in a meeting Wednesday, Jan. 5. He said that the policy needs to be in place partly because OSHA could ask the district to provide information regarding its policy with as little as four hours’ notice.

Staff who wish not to be vaccinated have options. They may apply for a medical exemption that needs to be verified by a medical professional or a religious exemption that does not need to be verified by clergy.

Staff wishing to test weekly have the option of going to a third party or verifying a home test with a designated school official.

Legal advisors told the district that those wishing to test and mask would be responsible for footing the cost of testing.

Clarification

Board member Molly Herrick asked a question about whether substitute teachers fall under the policy, and Croghan explained that they do. That is how the district staff roster totals well over 100, he said.

“All substitutes, all citizen coaches, all bus drivers — substitute bus drivers, activity bus drivers — you’re way over 100 because of that,” Croghan said. “You’re probably a little over anyway with just full-time employees.”

Croghan said that as a result of Wednesday’s meeting with staff he can see that they are “concerned.”

“There’s going to be concerns,” board president Susan Stevens said. “But that doesn’t take away that this policy has to be in place at this time.”

“I have to be apolitical in this whole thing because we have to be compliant when the time comes because of how government and schools work and where we fall as a public entity,” Croghan explained.

Board member Kristen Jensen commented that either way, the district could potentially be “tanked” either with fines or a teacher shortage worse than it already faces.

Stevens reiterated that the motion on the table reads that this is due to the OSHA requirement and is only putting the policy in place so that if it’s not stayed or overturned, it is in place locally.

“I told the staff there’s things you get to do and you want to do, but there’s also things you have to do that you don’t want to do. This is one of the latter,” Croghan told the board. “I gave them everything you have in front of you. I tried to figure out what we can do and what we cannot do, and here we are.”

Challenges

Jensen asked a question regarding what would happen if, because of a lack of available testing and supplies and other factors coming into the situation, classes couldn’t be covered by teachers who aren’t able to teach?

“We could either go every other day with kids or online if we can, but I got to thinking about the state law where we can’t go online,” Croghan said. “The unintended consequences nobody sees.”

Croghan pointed out that there is impact on a school’s community when school isn’t in session.

“I don’t think they realize that when we have to shut school down that we’re shutting down other businesses,” Croghan said. “We’re not just worried about educating our kids, but it’s an impact on our communities. But, we don’t have a choice, and neither does Cardinal...”

Croghan said he plans to take a “realistic” approach in granting exemptions. He described a veteran in another school district who previously sought an exemption from wearing a face covering because of the post-traumatic stress disorder he lives with. Croghan said it’s important the district is “supportive and empathetic” with all.

“If you don’t think there’s somebody out there that would turn you in, you’re crazy. You have to go by the letter of the law, the policy, and all those things,” Croghan said in response to board member Daniel Shilling, who pointed out that the board had no choice but to vote in the measure.

The decision

Adam Woosley moved the district adopt the policy, using the provided wording, and Shilling seconded the motion.

“I don’t want to, but I think we ought to do it,” Woosley said.

“It’s a forced thing whether we like it or not,” Shilling said when offering the second to Woosley’s motion. “I think as far as contingencies go, I feel it’s totally forced and the consequences are the same whether we like it or not.”

Caleb Nelson

Caleb Nelson

Caleb Nelson has served as News Editor of the Adair County Free Press and Fontanelle Observer since Oct. 2017. He and his wife Kilee live in Greenfield. In Greenfield and the greater Adair County area, he values the opportunity to tell peoples' stories, enjoys playing guitar, following all levels of sports, and being a part of his local church.