Feb 06, 2024

Hays USD 489 board members question parental rights in emergency policy revision

Posted Feb 06, 2024 10:08 PM

By CRISTINA JANNEY
Hays Post

The Hays USD 489 school board approved an amendment to a policy that would give school officials more autonomy in decisions on dismissing students in cases of emergencies.

The change was recommended by the Kansas Association of School Boards.

The KASB summary explained the change as

"The language in our policy on evacuations and emergencies was modified to give district staff more autonomy to determine when it is safe to dismiss school or release students in emergent situations. With these changes, the person charged with making these decisions on behalf of the administration would be able to determine whether the safety of staff and students was better served by allowing students to leave school or if keeping students under school supervision was safest based on the nature of the situation."

Board member Ruth Ruder asked if a parent has the right to remove a child from school if the school is on lockdown.

She gave a tornado as an example of an emergency.

Board attorney Bill Jeter said no state statute addresses that question.

However, he said students are the responsibility of the school from the time school starts until it releases.

As a practical matter, Jeter said a parent would not be able to get into the school if the school's doors were locked as part of the lockdown.

In the case of a tornado, the school could have liability if officials started releasing kids, Jeter said. Schools have safety features, such as storm shelters, that a person in a vehicle would not have, he said.

"The answer to your question is no, the parent won't necessarily have the right to come and pick up their child," Jeter said.

Board member Derek Yarmer said, "I don't think you give up your parental rights between 8 and 3."

Jeter said, "Then you and I disagree."

Ruder used the example of a school shooting.

"You wouldn't want 5,000 parents going up to school to take their child out and take over when you have law enforcement trying to do their job," she said. "That is when we have to have faith in our district and faith in our principals and our administration about what is best for our child."

The policy revision passed 5-2 with Yarmer and board member Curt Vajnar voting against the policy change.