suing MCPS for covid-related health problems

Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Does the MD state of emergency declaration give parents leeway in keeping their kids home?


The parents can just call sick for their kid.


But for how long? My understanding is that after 2 weeks the child would be dropped from enrollment.


The policy is 15 days for travel. Illness, state of emergency, and no stated reason all have other terms that apply. See above.


It’s here, by the way. State of emergency is numbered 8.

https://ww2.montgomeryschoolsmd.org/departments/policy/pdf/jeara.pdf


Thank you!
Anonymous
Wouldn’t you withdraw and homeschool if you’re that concerned?
Anonymous
Anonymous wrote:
Anonymous wrote:Can you sue MCPS if your DC gets permanent and serious health issues after contracting covid from school ? (suppose the source can be unambiguously established which certainly can be done).


OMG


Can I sue Safeway? Think I picked up covid there.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Can you sue MCPS if your DC gets permanent and serious health issues after contracting covid from school ? (suppose the source can be unambiguously established which certainly can be done).


OMG


Can I sue Safeway? Think I picked up covid there.


Safeway does not force you to shop there.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Can you sue MCPS if your DC gets permanent and serious health issues after contracting covid from school ? (suppose the source can be unambiguously established which certainly can be done).


OMG


Can I sue Safeway? Think I picked up covid there.


Lol! FFS. No, just keep your kid at home if you are that concerned about their safety. Jesus.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Can you sue MCPS if your DC gets permanent and serious health issues after contracting covid from school ? (suppose the source can be unambiguously established which certainly can be done).


OMG


Can I sue Safeway? Think I picked up covid there.


Safeway does not force you to shop there.


Nor is anyone forced to attend MCPS. There are private schools, virtual schools, and home schooling.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Can you sue MCPS if your DC gets permanent and serious health issues after contracting covid from school ? (suppose the source can be unambiguously established which certainly can be done).


OMG


Can I sue Safeway? Think I picked up covid there.


Safeway does not force you to shop there.


Nor is anyone forced to attend MCPS. There are private schools, virtual schools, and home schooling.


No matter what type of school your DC is attending it has certain legal responsibilities for your DC’s safety.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Does the MD state of emergency declaration give parents leeway in keeping their kids home?


The parents can just call sick for their kid.


But for how long? My understanding is that after 2 weeks the child would be dropped from enrollment.


The policy is 15 days for travel. Illness, state of emergency, and no stated reason all have other terms that apply. See above.


It’s here, by the way. State of emergency is numbered 8.

https://ww2.montgomeryschoolsmd.org/departments/policy/pdf/jeara.pdf


This is very helpful. Thank you! But does the current state emergency cover school attendance?
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Can you sue MCPS if your DC gets permanent and serious health issues after contracting covid from school ? (suppose the source can be unambiguously established which certainly can be done).


OMG


Can I sue Safeway? Think I picked up covid there.


Safeway does not force you to shop there.


Nor is anyone forced to attend MCPS. There are private schools, virtual schools, and home schooling.


Switching schools for what will be a temporary wave seems pretty impractical. This is about the next few weeks.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Does the MD state of emergency declaration give parents leeway in keeping their kids home?


The parents can just call sick for their kid.


But for how long? My understanding is that after 2 weeks the child would be dropped from enrollment.


The policy is 15 days for travel. Illness, state of emergency, and no stated reason all have other terms that apply. See above.


It’s here, by the way. State of emergency is numbered 8.

https://ww2.montgomeryschoolsmd.org/departments/policy/pdf/jeara.pdf


Good to know that you can just call sick for as long as you want.
Anonymous
Anonymous wrote:IANAL, but it seems highly unlikely. Besides demonstrating the cause, you’d have to demonstrate an injury. And that it was caused by negligence on the part of the school district. Given that we’re in a pandemic, and people are getting Covid left and right, I think it would be hard to convince a jury that transmission was the result of negligence.

Maryland is also a pure contributory negligence state, so if they can show that your child was partially responsible, even a very small amount, then I don’t think you’re entitled to compensation.


You must be right.
Anonymous
MCPS defenses:
- You could have registered your child for virtual only
- You could have kept your child at home - you were the one sending them into school
- Covid is not their fault (force majeure)
- MCPS didn't make the decision, they consulted with the county health officer, so it's only vicarious liability (peanuts in terms of damages)
- MCPS spent presumably $11M in outside counsel in 2017, so what makes you think they didn't put some of the covid money into the kitty
- You didn't arrange a meeting to discuss your concerns with your Principal
- You didn't file a Complaint from the Public
- You can't prove the school is at fault. Maybe it wasn't the lunchroom, maybe it was when they were playing on the weekends
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Does the MD state of emergency declaration give parents leeway in keeping their kids home?


The parents can just call sick for their kid.


But for how long? My understanding is that after 2 weeks the child would be dropped from enrollment.


The policy is 15 days for travel. Illness, state of emergency, and no stated reason all have other terms that apply. See above.


It’s here, by the way. State of emergency is numbered 8.

https://ww2.montgomeryschoolsmd.org/departments/policy/pdf/jeara.pdf


This is very helpful. Thank you! But does the current state emergency cover school attendance?


What do you mean “cover it”? The policy says if there’s a state of emergency, absence is excused. There’s a state of emergency.
Anonymous
Anonymous wrote:MCPS defenses:
- You could have registered your child for virtual only
- You could have kept your child at home - you were the one sending them into school
- Covid is not their fault (force majeure)
- MCPS didn't make the decision, they consulted with the county health officer, so it's only vicarious liability (peanuts in terms of damages)
- MCPS spent presumably $11M in outside counsel in 2017, so what makes you think they didn't put some of the covid money into the kitty
- You didn't arrange a meeting to discuss your concerns with your Principal
- You didn't file a Complaint from the Public
- You can't prove the school is at fault. Maybe it wasn't the lunchroom, maybe it was when they were playing on the weekends


How about MCPS start with giving excused absence for kids who stay at home now
Anonymous
If you're unhappy about this, get some of the counsel members to cut the MCPS bottomless legal defense budget. I think that would make MCPS perk up a bit.
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