What are the new developments on masking requirements?
On February 17, 2022, Arlington Public Schools announced that it will allow parents to opt their children out of universal mask requirements in schools starting March 1, 2022.
Why did APS make this change?
Virginia passed a new law, SB 739, that requires schools to allow parents to opt their children out of mask requirements. Laws in Virginia take effect on July 1, but the Governor added an emergency clause to make the law effective March 1. While there is disagreement over whether SB 739 lawfully takes effect March 1 (because the law was not passed by the ⅘ vote required for emergency clauses), APS elected to follow it starting March 1.
Are there legal protections for students who are immunocompromised or at high risk of severe outcomes from Covid-19, who could be harmed by exposure to persons who choose not to wear masks in school?
Yes. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act protect students who are immunocompromised, or who have a medical condition or disability that puts them at high risk for severe outcomes from Covid-19. These laws require schools to provide disabled students with reasonable accommodations and modifications so they have equal access to safe in-person learning environments. A school’s obligation to comply with the ADA and Section 504 is not negated by SB 739. In several instances, courts have ordered school districts to provide universal masking so high-risk students can attend school safely during the pandemic, and have enjoined enforcement of state mask laws that conflict with the ADA and Section 504. As a federal Court of Appeals recently held, “mask requirements are reasonable accommodations required by federal disability law.”
How can a family request an accommodation to protect a high-risk student?
We have asked APS to communicate the process to put accommodations in place for high-risk students in this short timeframe. In the meantime, parents can contact their child’s principal to request an accommodation. (While families can also call an IEP or a 504 meeting, there may not be time to do so before March 1.)
How can a high-risk student be accommodated in school when masks become optional?
Families can work with their child’s school to determine accommodations appropriate for their child’s needs. Families may also wish to consult with their child’s medical providers. Potential accommodations could include: targeted mask requirements in certain rooms or spaces, modifying seating arrangements and groupings for class projects to provide distance from students who choose to unmask, and additional air filtration. Students with disabilities/medical conditions who require these protections should not be isolated, differentiated or removed, because that would be discriminatory, due to their protected status under federal disability laws.
What if my child’s school will not put the accommodations in place that my child needs to access school safely?
If parents cannot work out accommodations at the school level, they can elevate the concern. See APS Need Help, APS Section 504 Rights and Procedural Safeguards, or Your Family’s Special Education Rights.
How is SEPTA supporting families of students with disabilities and medical conditions?
SEPTA has communicated to APS our expectation that schools will accommodate students with disabilities or medical conditions who could be harmed by exposure to persons who choose to unmask. We have asked APS to provide schools with direction on accommodating students, and to release information to families on the process to put accommodations in place, so everyone will be ready on March 1. SEPTA will share additional information that APS provides to us. Please check the SEPTA website (this post) for updates.
How can I contact SEPTA?
Reports from the community help to inform our advocacy. Families can use the SEPTA Community Feedback form. SEPTA will not disclose identifying information, if provided, without permission. Families may submit information anonymously through this form.
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