Ask Your Attorney
Frequently Asked Questions with North Dakota United’s Legal Counsel, Michael J. Geiermann North Dakota United is listening and responding to your concerns and questions surrounding this unprecedented school year. We want to assure you that #WeAreUnited with you as we face continued uncertainty. In this article, North Dakota United legal counsel Michael J. Geiermann addresses some of your most frequently asked questions including wearing of face coverings, use of sick leave, extra compensation, negotiated agreements in a pandemic, and medical privacy concerns.
ever ruled on this issue. However, under the current pandemic, I am fairly confident that the ND Supreme Court would find that a school board regulation mandating the wearing of face masks is constitutional. There are certain times when individual liberty must give way to the public good, and I believe that if faced with this issue the ND Supreme Court would make that finding.
Q: Can the school board require students and staff to wear masks or face coverings? A: Yes, in North Dakota school boards have the authority to establish rules and regulations regarding masks or face coverings.
Q: Can an educator ask students to wear a mask when it’s not required by the district? A: Not without approval from administration. If an educator has a preference for their students to wear masks, that request would be taken into consideration by the school district and is likely to be denied. To strengthen the argument, the educator must come forward with an additional reason to have masks worn in their classroom, such as an underlying medical condition that makes them more susceptible to COVID-19. If you have a medical reason and are denied this request, please contact North Dakota United to see if we can be of further assistance to you.
Q: Is the school board requirement of wearing masks for students/staff unconstitutional? A: I believe the answer is no, but the North Dakota Supreme Court hasn’t
LEAVE: Q: May a contracted staff member refuse to go to school due to fear of getting COVID-19? A: No. In light of the current pandemic,
MASKS: Q: Do you have the right to wear a mask? A: Yes, absolutely. For the safety and health of yourself, your family and your students, you can wear a mask even if your district does not require it.
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ND United Voices
