Termination notices were given to over 70 San Diego Unified workers for failing to comply with the district’s COVID-19 vaccination mandate during a time when schools are already experiencing staffing shortages due to the pandemic.
According to the district's mandate, which was approved by the San Diego Unified School Board in late September of last year, Jan.24 is the deadline to provide proof of vaccination or an exemption. The mandate required full COVID vaccination of all employees and students age 16 and older by Dec.20.
A total of 73 San Diego Unified employees received notices of termination.
A lawsuit was successfully filed by the group “Let Them Choose” and Superior Court Judge John S. Meyer sided with the group by stating San Diego Unified's mandate conflicted with state law. Religious or personal belief exemptions are not permitted under the district's vaccine mandate. The lawsuit cites the district’s lack of legal authority to impose such a mandate, and Meyer agreed in a tentative ruling. According to Meyer, mandates without exemptions can only be imposed by the state legislature.
The judge also said schools are not allowed to require additional vaccines for attendance beyond what the state already requires.
Last month the board unanimously voted to appeal the ruling.
“We are 100-percent determined to maintain the vaccination mandate,” the district wrote in an email to parents.
Although the vaccination mandate was struck down for students, it remained for district employees.
In total, San Diego Unified has roughly 15,000 employees. According to San Diego Unified School Board Trustee Richard Barrera, more than 840 employees were granted medical or personal belief exemption.
The termination notices come as schools experience staffing challenges due to the surge in daily case rates caused by the highly infectious Omicron variant. Earlier this month, Gov. Gavin Newsom signed an executive order that provides more flexibility to districts when hiring substitute teachers and rehiring retired teachers, which expires March 31.
Under the executive order, substitute teachers are allowed to have their assignments extended. It also reduces requirements for retired educators to return to the classroom as substitutes without impacting their pensions.
