What are the new developments on masking requirements in APS?
On March 1, 2022, APS shifted to a mask-optional policy for students and staff.
Why did APS make this change?
Virginia enacted a new law, SB 739, that requires schools to allow parents to opt their children out of mask requirements. The CDC guidance on masks changed as well.
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 high-risk students with reasonable accommodations so they have equal access to safe in-person learning environments. A school’s obligation to provide accommodations under the ADA and Section 504 is not negated by SB 739 or CDC guidance. Families may wish to review this new US Department of Education Disability Rights fact sheet.
How can a high-risk student be accommodated in school when masks are optional?
Parents can work with their child’s school and consult with their child’s medical providers to determine accommodations appropriate for their child’s needs. Potential accommodations could include: modifying seating arrangements and groupings to provide distance from students who choose to unmask, enhanced air filtration/ventilation, mask requirements for staff working with high-risk students, targeted mask requirements in certain rooms, or adjusting schedules. 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.
How can a family request accommodations to protect a high-risk student?
Parents can contact their child’s school administrator to request accommodations. While families can also call an IEP or a 504 meeting, a meeting is not necessary to request these accommodations, and time may not allow for it.
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 contact Ms. Kimberley Graves, Chief of School Support kimberley.graves@apsva.us or Dr. Laura Newton, Director of Student Services laura.newton@apsva.us See also APS Need Help, APS Section 504 Rights and Procedural Safeguards, and 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 not to wear a mask. We have asked APS to provide schools with direction on accommodating students, and to publicly release information to families on the process to put accommodations in place. We are concerned by ongoing reports from families whose students have not been provided with appropriate accommodations. We will continue to advocate for improvements and to provide information and support to families. Please check the SEPTA website for the most up-to-date information.
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.
Updated March 14, 2022
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