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Waivers operate as an additional defense in a lawsuit: a plaintiff must prove causation by a preponderance of the evidence (the burden of proof), but with a waiver, a plaintiff would also have to overcome the assertion of assumption of the risk. Without an executed waiver, defendants have one less defense. Why would I voluntarily concede that benefit to schools?
As a lawyer, I am not interested in giving potential defendants a shield against liability.
More hypothetically (please note the conjecture here), schools might be motivated to "hide" behind waivers instead of fully complying with best practices to avoid the spread of the virus.
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