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Schools weigh vaccination mandates, other protocols

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K-12 schools and colleges and universities are questioning their ability to mandate COVID-19 vaccinations and wonder how far they should go with safety protocols as they prepare for the return of students.

“Going into this fall, one of the top things that schools should be looking at is vaccinations — encouraging vaccinations for everybody who is eligible,” said Melanie Bennett, senior risk management counsel at Bethesda, Maryland-based United Educators, a reciprocal risk retention group that provides risk management consulting to more than 1,600 schools.

But many of UE’s members, particularly those in higher education, are asking whether it’s wise to mandate COVID-19 vaccinations, she said.

“On the federal level, it’s pretty clear that they can be mandated (for employees) and very likely for students as well,” said Hillary Pettegrew, senior risk management counsel at UE. “You do have to allow for certain exemptions. And some states have specific laws playing on that as well.”

According to ranking site BestColleges.com, colleges and universities in 40 states — including all of the Ivy League schools — will mandate that students be vaccinated before returning to campus. Some private high schools have said they will require vaccinations, but as of this month no public school systems have implemented a mandate.

Many schools are taking “very deliberate steps to get back to a campus experience that’s somewhat normal but recognizing the importance of maintaining protections from COVID and making all students feel comfortable,” said John McLaughlin, senior managing director of Arthur J. Gallagher & Co.’s higher education practice in Rolling Meadows, Illinois. “It is a balancing act.”

Although many are expecting the school year to be a return to normal for students and staff, that assumption may be premature given the number of unvaccinated individuals, particularly in lower-level schools with many children under age 12, said Jennifer Smith, partner in the Chicago office of law firm Franczek P.C.

“In the fall, everyone is going to be used to a new normal with no new restrictions, and I anticipate there will still be some mitigation that educators have to follow that people may not like,” she said.

That may include continued masking and social distancing, but schools also need to evaluate air quality, because poor ventilation more readily spreads COVID-19, said Alex LeBeau, Orlando, Florida-based industrial hygienist and founder of Exposure Assessment Consulting LLC.

Mr. LeBeau suggests schools ensure their air filtration systems are operating properly. This is particularly crucial in buildings that have been vacant for a year, which could allow mold spores and Legionella to spread, he said.

For now, schools should take a “wait-and-see approach” regarding fall safety protocols, said Byron Given, area senior vice president, regional director, for Arthur J. Gallagher & Co’s public sector K-12 education practice. “As we have learned through this entire thing, sometimes it’s one step forward and two steps back. I think the worst is behind us; we’ve been through it now. If there is another outbreak … at least we’re prepared.”