Accommodations

VDH/VDOE Interim Guidance

“Regardless of operational status, divisions should provide remote options for students and staff who are at higher risk for COVID-19, as defined by the CDC. Divisions should phase in in-person offerings as students and staff are willing and able.” (See pages 6 and 12.)

CDC Guidance to K-12 School Reopening

“At all levels of community transmission, employers should provide reassignment, remote work, or other options for staff who have documented high-risk conditions or who are at increased risk for severe illness from COVID-19 to limit the risk of workplace exposure.”

“Families of students who are at increased risk of severe illness (including those with special healthcare needs) or who live with people at high risk should be given the option of virtual instruction regardless of the mode of learning offered.”  (New guidance, reiterated previous directives…)

This does not appear to be happening in APS, based on multiple reports from teachers and staff. We are sharing these accounts of their experiences applying for accommodations for telework, with their permission, on an anonymous basis, as requested.

Personal Stories from APS Staff

“I have a congenital blood disorder called Thalassemia. It is on the CDC list of conditions which present an elevated risk for severe complications from COVID. I was granted telework accommodations in the fall, and I resubmitted my paperwork on December 1. On January 13, I received notification from HR that I was only granted telework accommodations UNTIL children return to the building, at which time I will be compelled to report in person or take unpaid leave. The letter did not explain the medical evidence that was used to ignore the CDC list. All communication from HR has stated that, with the expiration of the CARES Act, the CDC list is the only criteria that would be considered; however there is no transparency in why certain CDC conditions warrant accommodations and others do not. I am a single parent with no other source of income, so unpaid leave is not an option. Further, I am a dedicated professional with plenty to offer students and families through telework until I have received both doses of the vaccine and can teach in person without elevated risk.” 

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“I have an autoimmune disease. As a single mother with two children, I am very concerned about staying safe during this pandemic, but I also need to provide for my family, and there is no one else to do it. I was granted virtual accommodations in the fall. Given the blanket accommodation denials this time around, the decision left up to my principal. I work in a north Arlington school where we have all been designated hybrid. I am appealing, but the stress from all of this is monumental. On top of all of this, I just lost my mother to cancer. I made the huge sacrifice of not seeing her in person before she died and not attending her funeral in person, because of the reality of the pandemic and my health situation. If APS thinks that I am about to now throw all that sacrifice and caution to the wind and go risk my life in a building… but unpaid leave would be devastating too. No one should have to choose between their job and their livelihood.”

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“I have had an organ transplant, and despite a letter from my Specialist, APS still denied me!”

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“My son was born prematurely at 25 weeks and is intellectually disabled because of the nature of his birth. As a result, he attends a special education program. We opted to keep him virtual because of his vulnerability. My son has had 5 seizures and all have been febrile. He suffered a seizure this fall. Fevers are of the vulnerabilities of the immunocompromised and fevers are one of the symptoms of Covid. We could choose to keep him virtual to protect him but I don’t have that choice. It would make no sense to send my child and then for me to go to a work place where I can contract the virus. I submitted my appeal and I’m still waiting for my response. I am expecting to be denied because I only live with a high risk person. Unless something changes or my school intervenes on my behalf, I’m left with a choice of either taking leave without pay or possibly having to resign.” 

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“I received a cancer diagnosis and need surgery. Per my doctors, I cannot risk going into the building before surgery or while recovering. I wanted to send in a new accommodation application and I was told it wasn’t necessary. Then I got the same letter as everyone else; I can remain virtual until they need me in the building. It made me sick and scared that I could have to delay my cancer surgery if I get COVID from teaching in person. I thought that hearing the word “malignant” would be the worst part. I contacted HR and I still haven’t heard anything from them in over a week. I have felt like a yo-yo getting bounced back and forth. Luckily, my building administrators have been helpful and have restored my faith in APS humanity.” 

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“I am undergoing cancer treatment and was denied.” 

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“I am a cancer survivor and am in the CDC high risk age category. I’m denied too.”

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“I was denied an accommodation for age, which is a CDC-identified risk factor, even though I had that accommodation in the fall. When I asked to go back into the interactive system to apply for accommodation based on a different health concern, I was told that the interactive tool gives each employee only one chance, then it cannot be entered again. The remedy I was given was an appeal form which does not provide information about which health conditions are eligible and what evidence I need to provide.” 

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“I originally had a telework accommodation due to breastfeeding. That was terminated 12/31 with expiration of the CARES act. When APS opened the application for accommodations for 2021, I discovered that breastfeeding was no longer on the list and I could not apply for accommodation. 

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“I haven’t been officially denied (haven’t heard a peep from HR despite submitting my paperwork on 1/8, now 1/23), but I suspect they’ll deny me. I have a nursing infant, asthma, and a high BMI. In addition, if I have to return, I lose my childcare. Our daycare doesn’t want the risk of exposure. They want to, understandably, protect themselves and the other families.”

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“I am currently a breastfeeding mother to an infant. I was dismayed to discover that breastfeeding is no longer an accommodation for telework due to the December 31 expiration of the CARES Act. I have to ask: what happens should I become exposed to a COVID-positive person? Will I be forced to wean my baby then and there because I have to quarantine away from my baby? Or do I expose my infant to COVID to maintain this essential relationship to my baby’s development? This is an impossible situation, and APS HR is forcing me to make a nearly-impossible decision. If I want to keep my job, I can quarantine away from my infant and force her to wean, I can expose my baby to COVID, or I can take an UNPAID leave of absence. I will choose my family every time.” 

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“I have a newborn baby and a breastfeeding asthmatic wife and my request for accommodations was denied (I was approved the first time). With so much being unknown about transmission, I am nervous and scared to return to the classroom. Putting my wife and newborn baby at risk of being sick is something I’m not willing to do. It is upsetting that APS is not giving caregivers the same priority for accommodations as they did before. If forced back into the classroom, I will sadly have some serious decisions to make.” 

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“My parents currently watch my baby part of the day and we juggle the rest of the day. We pay for daycare but have yet to send the baby due to exposure worries. If we go into school, I can no longer see my parents and, without their help, we’ll have to send him to daycare- doubling our exposure.”

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“My wife is pregnant, and Covid creates a significant risk of pre-term birth. Pregnancy also complicates her ability to get the vaccine. With medical paperwork from my wife’s doctor, I applied for accommodations; I was denied and informed that only health issues to the individual would be considered. If this was the case, why was this included on the application in the first place? Additionally, I attempted to contact the designated representative to inquire about this on multiple occasions before submitting my paperwork, but never received a response. Had I known, I could have applied for accommodations due to my own issues. Also, had we been able to list more than one reason for accommodation, this issue could have been avoided.” 

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“I have asthma and allergies, which cause me to be susceptible to easily catching colds and developing bronchitis and pneumonia. Winter months are the worst, but come spring I have to deal with seasonal allergies as well. Currently, being able to work from home allows this to be somewhat better, as long as I take my allergy medication twice a day. I have a chronic cough, which in these times causes me to get looks, especially when I cough in public. I was “given” a short-term accommodation, meaning I can remain virtual until the students come back if there is a hardship on the daily running of the school.”

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“I am at high risk of becoming severely ill or dying from Covid. I have diabetes and a high BMI. I was approved for short-term telework which means I can be virtual as long as the students are virtual. “

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“My husband and mother-in law (who lives with us) each have two CDC high risk factors. The data does not yet show that vaccines prevent us from being asymptomatic carriers of the virus so if I return to in-person school, I could potentially infect my family members.” 

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“I’m six months pregnant. I received a virtual accommodation last Fall, but am still waiting for my letter if I still qualify. Should I be focusing on applying for unpaid leave for the remainder of the year, or is there still hope that I can keep working for the next few months?” 

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“We contemplated as a family that when I return in-person, I possibly could live in our first floor bedroom suite. We decided this ultimately wouldn’t work for our family because our son has disabilities and needs help with his schooling. I work part-time, so I have more time to support him. If I were isolating within our house, I would only be able to help him virtually.” 

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“We have been strictly isolating. We get everything delivered. We haven’t seen my parents in over a year. The longest I was inside a building since the pandemic started was when I got my vaccine shot.”

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“I am a specialist and will be providing lessons and interventions virtually even if students return to the buildings. Why would APS risk the lives of myself and two of my household members by denying my telework request?” 

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“I have type one diabetes which puts me into the high-risk category. I was given a telework agreement in the fall. When I applied in January with the same doctors note I was denied and told that a continued short-term accommodation will “create a hardship on the operation of the faculty/community.” I am a specialist so we will be teaching students virtually even in the hybrid model. It doesn’t make sense for me to risk my health to go into the building and teach from a classroom or office when I can stay in my home and take on zero risk.” 

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“My accommodation request due to living with an at-risk family member was denied. No documentation was requested for my family member. How does APS make an informed decision without any information? It does seem to imply that all at-risk family member accommodations are being denied.” 

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“I was initially approved through December 31st as well as my husband who has two high risk conditions. Now I’ve been denied entirely and my husband still hasn’t gotten confirmation. The stress has been compounded for me because we live with my in-laws; one is a cancer survivor and the other is 65+. I’ve heard no replies about appeals because I have three high risk family members. And simply because “they’ll need coverage” I’m being told to risk my household. If my husband is approved, I don’t have anywhere to quarantine to keep them safe from my outside germs. I’m praying that we can all get completely vaccinated before we are forced to go back in.” 

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“I’m curious about leaves of absences, unpaid leave or short-term disability. As HR still hasn’t given me an answer about virtual accommodations, and I am a sole caregiver for a young child, I am at a place where I must consider these options. What happens to your benefits and salary?”

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“I have a problem with Syphax passing the buck to the principals on virtual accommodations, safety procedures, high-risk staff, lunch procedures, the number of classrooms staff can access in any given day… We need a system-wide policy if for no other reason than equity.” 

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“If staff applies for ADA accommodations, the link is dead and there is nobody to contact. Principals are telling teachers to “contact HR.” They keep talking about the ADA interactive process, but you can’t even get it started, seemingly until after you’ve been denied.” 

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“Teachers who appealed the accommodations decisions received emails from HR today. There is a 5 page document to have doctors complete. It’s all about how the employee’s medical condition can be accommodated through ADA… really not applicable for people who have health conditions that put them at greater risk if they are exposed to Covid.” 

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“APS continued collecting accommodation applications about employees’ CDC risk factors when they reopened the application process in January and now claims that they stopped considering CDC risk factors on Dec 31 when the CARES act expired. 

The APS HR webpage for complaints and grievances is under construction and has been for days. The request for ADA accommodation form says ‘this form is closed.’” 

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“We have teachers in this county who are severely immunocompromised because of a variety of different health conditions (autoimmune diseases, cancer survivors, bone marrow transplants, etc.) and for whom COVID is truly a life threatening concern. Even once fully vaccinated, this immunocompromised population of teachers/staff will not have the same 94% protection from the vaccine. They are still at a higher risk to contract COVID and to have complications if they were to get it. This is stated on the CDC website. So to deny these staff virtual status who have legitimate health conditions defined as high risk simply because you feel it better serves the students and/or parents is not OK. Putting these teachers in the position of choosing to risk their health and return to the classroom or take leave without pay — or just to quit… is not OK. For many teachers, virtual accommodation is not a choice… it is a necessity. We want school to reopen. We want life to return to normal. But that should not mean putting teachers in such a terrible position.” 

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List of CDC High-Risk Conditions (quoted from CDC Guidance) 

Adults of any age with the following conditions are at increased risk of severe illness from the virus that causes COVID-19: 

• Cancer 
• Chronic kidney disease 
• COPD (chronic obstructive pulmonary disease) 
• Down Syndrome 
• Heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies
• Immunocompromised state (weakened immune system) from solid organ transplant
• Obesity (body mass index [BMI] of 30 kg/m2 or higher but < 40 kg/m2) 
• Severe Obesity (BMI ≥ 40 kg/m2) 
• Pregnancy 
• Sickle cell disease 
• Smoking 
• Type 2 diabetes mellitus 

COVID-19 is a new disease. Currently, there are limited data and information about the impact of many underlying medical conditions on the risk for severe illness from COVID-19. Based on what we know at this time, adults of any age with the following conditions might be at an increased risk for severe illness from the virus that causes COVID-19: 

• Asthma (moderate-to-severe) 
• Cerebrovascular disease (affects blood vessels and blood supply to the brain)
• Cystic fibrosis 
• Hypertension or high blood pressure 
• Immunocompromised state (weakened immune system) from blood or bone marrow
    transplant, immune deficiencies, HIV, use of corticosteroids, or use of other immune
    weakening medicines 
• Neurologic conditions, such as dementia 
• Liver disease 
• Overweight (BMI > 25 kg/m2, but < 30 kg/m2) 
• Pulmonary fibrosis (having damaged or scarred lung tissues) 
• Thalassemia (a type of blood disorder) 
• Type 1 diabetes mellitus 

Source: CDC LIST

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Fairfax County Public Schools figured out how to handle accommodations for health concerns. 

We are confident APS can do this, too. 

FCPS Return to School Update, Work Session, Feb 2, 2021, page 22