Page 22 - The Edge - Fall 2020

New laws, AG opinions helping schools deal with COVID-19

CONTINUED FROM PAGE 20

The Attorney General’s Office issued
several key opinions to aid schools
during the crisis. For example, school
districts have legal authority to make
health-related expenditures for families,
students, and community members in
response to an emergency health crisis
such as COVID-19, if the expenditure is
statutorily authorized, does not violate
the Arizona Constitution's Gift Clause,
and complies with any other lawful
restrictions or requirements imposed by
the funding source.
Other AG opinions state that emergency terms of the
Administrative Code apply at this time and that virtual
Thomas urged schools to get additional guidance from their meetings are authorized. But real-time streaming must be
attorney whether it’s OK – given the restrictions of the available “so the public can see and hear you,” Thomas said.
program that is the source of their funds – to give food or Schools must provide technical support to members of the
clothing or allow outside groups on campus to provide relief public trying to access such events.
supplies.
On another issue, Thomas recalled the killing of George Floyd
when a Minnesota policeman kneeled on his neck, and said
school districts nationally are determining how to address
systemic racism in the best possible way. They are looking at
Benson Systems is a provider of Life Safety, Security, Low the role of police officers working in schools.
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“There may be existing contracts in place. If the board
decides it wants to go down this road, make sure you
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involve your school attorney. Make sure you have some
flexibility in the agreement you already have in place if
Support, and Maintenance. you are receiving federal funds supporting your SRO, so
that you don’t lose that money altogether.”
He recommended using those federal funds for a related
function.
“Repurposing is an option to make clear that officers are
there not to enforce the laws of the state but to be a peaceful
liaison to assist students and provide some guidance to the
administration,” Thomas said.

Chris Thomas can be reached at cthomas@azsba.org or
(602) 254-1100.
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22 THE EDGE FALL 2020

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