CHARLESTON – One of the state’s largest teacher unions says it will file an injunction regarding the state’s push to go back to in-person learning despite the continuance of the COVID-19 pandemic.
The American Federation of Teachers–West Virginia made the announcement January 14. It said the filing against the state Board of Education, the state Department of Education and several county school boards will happen soon “to protect the health and safety of school employees.”
AFT-WV said it made the decision after meeting with its attorney, saying the filing could come as early as next week. The union also said it would file an amicus brief in support of any county board of education that wishes to assert its legal right to govern its school system and make local decisions.
AFT-WV also praised the Berkeley County Board of Education for its “bold leadership” and encouraged other county school boards to follow suit and exercise their legal rights to make decisions for their counties.
Berkeley County officials said January 13 schools there would remain remote until all employees receive both doses of the COVID-19 vaccine.
“Appointed policymakers issuing in-person learning mandates to local boards, who are duly elected by the citizens of their communities to govern their local schools, is an incredible overstepping of authority,” AFT-WV said in a statement. “To make such a decision while meeting virtually and behind closed doors is astoundingly tone deaf.
“With vaccine distribution under way, county boards who planned to have all willing employees vaccinated prior to a full return to in-person learning were exhibiting responsible leadership in protecting the health and safety of their staff and communities. These are reasonable decisions and should not be usurped by an appointed body with no accountability to voters.”
Berkeley made the announcement about its plan despite the state school board unanimously passing a motion earlier in the day that would prevent counties from having only remote learning after Jan. 19 overriding decisions already made by several county boards.
The state board’s motion would let county boards to have hybrid schedules with students in classrooms just a couple days a week and learning outside the class the other days.
According to the state board’s motion, high schools would be closed if the county is red on the state COVID-19 map, but that wouldn’t apply to Pre-K, elementary and middle schools. Counties could close individual schools or classrooms because of health concerns.
“Our intent is to take a cautious and gradual approach to resuming normal, five-day instruction,” Berkeley Superintendent Patrick Murphy said about the county’s decision.