Education Contracts of Adhesion in the COVID-19 Pandemic

Abstract

Stuck inside our house with our young children during the COVID-19 pandemic, we have a newfound appreciation for the vital role that elementary, middle, and high schools play in youth development and the successful functioning of both the home and workplace. At this moment, primary and secondary (K-12) schools and local school districts in the United States hold the key to workforce re-entry for parents. These school systems are positioned to impose an exacting price if they re-open for in-person instruction. Some are doing so by attempting to shift legal responsibility for student campus safety to parents using a device that we call an “education contract of adhesion.” Grounded in terms that are non-negotiable and arcane, this device demands that parents waive their rights to bring suit if their minor children become ill or die due to COVID-19 acquired through school participation. In this article, we examine this device, we call it the “education contract of adhesion,” in the context of K-12 public and private schools re-opening partially or fully residentially during the current pandemic. Our hope is that this essay will bring greater attention to the problematic dynamic that “education contracts of adhesion” pose in this context; in general, a “contract of adhesion” describes so-called “contracts” prepared by one party, to be signed by the party in a weaker position, with the weaker party having little to no choice about the terms. We see these “education contracts of adhesion” as driven by motives in conflict with the core, traditional, and advertised aims of school: to nurture and cultivate students and to prepare them to become members of a liberal democracy facing serious and growing threats from authoritarian forces, both private and public.