Idaho State Board of Education vote confirms the limit on spectators at athletic events

The Idaho State Board of Education unanimously approved a resolution at a special meeting Thursday directing school districts and charter schools to limit crowds to 10 people or fewer during sporting events or extracurricular activities.

The resolution doesn’t change or mandate anything new, but it reaffirms restrictions put into place by Gov. Brad Little’s modified stage 2 “Stay Healthy” order, which has the full force and effect of law.

“While the aspects of athletics are discussed, we must continue to focus on our first and most important priority, and that’s making and supporting in-person instruction and the ability for students to participate in extracurricular activities,” said state board President Debbie Critchfield. “I hope, and believe, that you would agree this has been our goal since the beginning, and we continue to strongly, if not desperately, advocate this position, and an essential part of this success is fidelity to the orders issued by the governor.”

Board members noted that some school districts have not adhered to the requirements and recommendations of the governor’s order, putting added stress on neighboring districts who have enforced the gathering limitations.

Board member Emma Atchley said she’d personally attended one of her granddaughter’s basketball games that had more than 10 spectators and no enforcement of mask requirements.

If a school district does not comply with the order, the resolution states they may lose protection provided by the Coronavirus Limited Immunity Act, which could lead to lawsuits. It also states that a violation of the order by an educator could result in the filing of a code of ethics complaint with the Professional Standards Commission, or a misdemeanor offense that could be punishable by a fine, imprisonment or both.

“There is a criminal and civil liability risk, so that’s another important aspect of this resolution is to make sure our education leaders are aware of what the ‘Stay Healthy’ order requires and what the risks are if they decide to disregard it,” said Matt Freeman, the executive director of the state board of education.

The resolution, like the governor’s order, aims to ensure the state preserves its health care capacity and helps slow the spread of COVID-19 in communities.

It applies to the current order, and any subsequent health orders, issued by Gov. Little.

The gathering restrictions do not apply in educational settings like classrooms.

Critchfield said she plans to submit a plan to Little that will address some of the concerns educators voiced at an earlier meeting Thursday in relation to athletic events.

The full resolution can be read online at boardofed.idaho.gov/resources/stage-2-stay-healthy-order/.

Tomtas may be contacted at jtomtas@lmtribune.com or at (208) 848-2294. Follow her on Twitter @jtomtas.