Legislation that shielded schools from liability because of transmission of COVID-19 cases at school died in the Senate Judiciary Committee at the end of last month. The legislature adjourned before Assembly Bill 1384 (“AB 1384”) was considered by the Senate Judiciary Committee. As a result, schools will not have legal protection if sued because of student COVID-19 illnesses.
AB 1384 was a “gut-and-amend” effort to provide protection to schools who might be sued because of COVID-19 contractions. As part of the gut-and-amend process, the bill was a rewrite of an unrelated bill that passed successfully through the Assembly. Before consideration by the Senate, the bill was rewritten to include the protections for schools detailed in an earlier Parker& Covert legal update, “AB 1384 Aims to Address COVID-19 Liability Concerns as School Districts Prepare for a New School Year.”
Protection for schools may be coming through the next federal coronavirus relief bill, but that bill is still being drafted by legislators.
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This update is provided for informational purposes only. It is not intended as legal advice, nor does it create an attorney-client relationship between Parker & Covert LLP and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances.
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