Dist. 88 School Board approves policy

OSHA-required vaccination testing and face covering

NEW ULM -- The New Ulm School Board took action Thursday, unanimously approving a policy on mandatory vaccination to safeguard employees, during its work session,

The policy was an addition to the board's agenda.

The school is required by the Federal Occupational Safety and Health Administration (OSHA) to develop a policy that supports the requirements of the Emergency Temporary Standard (ETS) as it relates to COVID vaccination requirements for organizations with 100 or more employees.

The requirements apply only to staff, not students.

Supt. Jeff Bertrang said the vaccination, testing and face-covering policy is a federal requirement that is currently in play while it is reviewed by the U.S. Supreme Court.

Federal OSHA put on the vaccine mandate in November but the Fifth Circuit Court of Appeals ruled against the mandate, resulting in a stay of policy implementation. The Sixth Circuit Court reviewed the mandate and lifted the stay, which means the policy is a requirement again.

Bertrang said this mandate has been appealed to the Supreme Court and there will be a hearing Friday. There is no timeline for when the court makes a decision.

Until a resolution is made, the policy is in play, meaning all employers must have a policy in place for meeting the requirement.

Staff must report vaccination status to the school district by Jan. 21. When the ETS becomes enforceable, unvaccinated employees will be required to wear a face-covering while indoors at school or in a school vehicle occupied by passengers.

Beginning Feb. 9, 2022 any unvaccinated employees must be tested for COVID- 19 once every seven days. Bertrang said the district will need to document the testing.

Any staff member testing positive for COVID will be immediately removed from the school until they have recovered. Bertrang said this was already practiced at the district, but is included in OSHA requirements.

The district must give employees time off to receive the first and second dose of the vaccine as well as time-off for potential recovery time.

Bertrang reiterated this policy was a federal requirement at this time.

Board member Jonathan Schiro said there are significant financial consequences if the school did not follow the OSHA requirement.

Schiro added that even though the approval of this policy came on short notice, the school staff was kept up to date on the legal status of the federal law and this mandate could be implemented.

In the event the Supreme Court rules against the mandate, the district policy will no longer be legally required.

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School Resource Officer (SRO) Andrew Achman gave a review of the SRO program. Achman said part of the idea behind the SRO program is to have a connection between law enforcement and the students.

He compared it to a person seeking treatment from the doctor they know. It is easier to talk with the doctor you know. The SRO program is the same way. It is easier for students to speak with the police officer they know.

The SRO main goal is ensuring safety and security at the school buildings. Achman also provides education for students and staff. This can include ALICE (Alert Lockdown Inform Counter and Evacuate ) training and other lockdown drills.

Achman has also helped in classrooms, conducting presentations on drugs, alcohol, Fourth Amendment and vehicle safety. Achman said he would be willing to help in other classroom programs as needed.

Asked how much time he spends on student issues with Snapchat and other social media-related issues, Achman said it was hard to judge the time but said it was extensive.

"That's where we're going to see a lot of our threats and mental health issues coming from because there is no escape from [social media]," he said. "It is such a complicated issue because these platforms keep changing and growing."

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The next regular school board meeting is 6 p.m. Thursday, Jan. 27 in the District Boardroom, 414 S. Payne Street.