Coronavirus (COVID-19) - Face Masks in Schools

Coronavirus (COVID-19) - Face Masks in Schools

Coronavirus (COVID-19) Face Masks in Schools

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Face masks or cloth face coverings are critical to reducing the spread of COVID-19 within schools. However, some students cannot wear a mask because of their disability. This publication will tell you about student’s right to an accommodation or modification to face mask policies in school. An “accommodation or modification” means a change or adjustment to a policy that allows you to participate in an activity or service.

DRC Encourages Families to Continue to Request Reasonable Accommodations or Modifications to Face Mask Rules

DRC has learned from families that school districts are preventing students with disabilities from attending in-person class unless they wear a face mask. This is against the law.

The most recent state guidance requires all people to use face masks in all indoor settings regardless of COVID-19 vaccination status.1 This includes students in K-12 schools. But, state guidance still does not require certain groups to wear a mask, even indoors. If your child falls into one of these groups, you can ask your child’s school for a reasonable accommodation or modification to the face mask requirement. These groups include:

  • Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
  • Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.
  • Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
  • Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.2

Your child’s school may have given your child a reasonable mask accommodation or modification before. But, now your child’s school may be refusing to allow your child to attend in-person class unless your child wears a mask based on new local orders and state guidance. Your child still has a right to a reasonable accommodation or modification. Please see section below that is titled: “What should I do if my child needs a reasonable accommodation or modification regarding masks at school?

Find and Review Face Mask Orders and Guidance

First, you should review the most recent face mask orders and guidance. Face mask rules may change, so make sure that you look at the latest order and guidance.

There are face mask rules at the local level, state level, and national level.

  1. Local Level: Review your County’s Public Health Order about face masks
  2. State Level: Review the California Department of Public Health’s face mask guidance
  3. If needed, National Level: Review the Centers for Disease and Control face mask guidance

Call a meeting to request a reasonable accommodation or modification

Next, you should request a meeting with your child’s IEP or 504 plan team. Tell the team you want to discuss your child’s need for a reasonable accommodation or modification. Bring copies of the latest face mask orders and guidance. It may help to get a letter from your child’s doctor or other professional that says that your child has a disability that affects their ability to wear a mask. This letter should make recommendations for a reasonable accommodation or modification that would allow your child to attend school. If you previously submitted this letter to your child’s team, you may need to request a new letter from your child’s doctor or other professional that says your child has disability that affects their ability to wear a mask.

If the school district still refuses to provide your child with a reasonable accommodation or modification, they are breaking the law. You may file a compliance complaint with the California Department of Education or a complaint with the United States Office for Civil Rights. Please see section below that is titled: “What should I do if my school district is not allowing my student reasonable accommodation under the mask mandate?

Los Angeles County

If you live in Los Angeles County, the most recent local level face mask order was issued on July 30, 2021 by the County of Los Angeles Department of Public Health.

At this time, it requires masks in all indoor public places in the County. This includes K-12 schools. But, there are exemptions. The mask order does not apply to:

  • Children under age 2. Most children ages 2 to 8 can safely wear a mask with adult supervision.
  • People who are cannot safely wear a mask, such as someone who is unconscious, incapacitated, or who is unable to remove a mask without help.
  • Workers in situations where a mask would create a risk to workplace health, safety, or job duty as determined by a workplace risk assessment.
  • Anyone instructed not to wear a mask by their medical provider. If their job involves regular contact with others, they must wear a non-restrictive alternative, such as a face shield with a drape that is form fitting under the chin (see Face Shields), as long as their medical condition permits it.3

The County also has special rules for people with communication difficulties or other disabilities. Clear masks or cloth masks with a clear plastic panel can be used to interact with:

  • People who are deaf or hard of hearing
  • Children or students learning to read
  • People learning a new language
  • People with disabilities

Are students with disabilities required to wear a mask at school?

It depends. Federal and state guidance recognize that some students with disabilities may not be able to use a mask because of sensory issues or other issues related to their disability. Wearing a mask might also pose a health or behavioral risk for a student with certain medical conditions or behavioral needs. So, requiring such students with disabilities to wear a mask may make it hard or impossible for them to take part in school. This may be discrimination under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, and may violate a student’s right to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA).

The California Department of Education has stated that students with disabilities must not be excluded from school if their disability prevents them from wearing face coverings.

United States Department of Education, Office of Civil Rights, Guidance dated September 28, 2020:
https://www2.ed.gov/about/offices/list/ocr/docs/qa-covid-20200928.pdf

California Department of Education, Guidance, dated February 11, 2021: https://www.cde.ca.gov/sp/se/lr/om021121.asp

California Department of Public Health, Guidance on Reopening In-Person Instruction, dated March 20, 2021:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/COVID19-K12-Schools-InPerson-Instruction.aspx#Face%20Coverings

Can a school require all students to wear masks?

School districts that order a blanket mask requirement, without allowing for medical exemptions or reasonable accommodations for students with disabilities, may violate the ADA, Section 504 and the IDEA. School districts must offer reasonable accommodations based on your child’s unique disability-related needs.

What should I do if my child needs a reasonable accommodation or modification regarding masks at school?

Students have a right to a reasonable accommodation or modification to a face mask requirement in school if they can’t wear a mask due to a disability or medical condition. You can ask for a reasonable accommodation or modification to a face mask requirement for your child. Contact your child’s IEP and/or 504 plan team to discuss reasonable accommodations. If your child does not already have an IEP or 504 plan, you should make a request for a reasonable accommodation or modification.

You can use this sample letter to request a reasonable mask accommodation or modification:

Template Letter to School District Requesting Mask Accommodation (rtf)
Template Letter to School District Requesting Mask Accommodation - Spanish (rtf)
Template Letter to School District Requesting Mask Accommodation - Korean (rtf)
Template Letter to School District Requesting Mask Accommodation - Chinese (rtf)
Template Letter to School District Requesting Mask Accommodation - Vietnamese (rtf)

Every student and situation are different. You must go through the “interactive process” with the school district. The “interactive process” means you and your IEP/504 plan team need to work together to determine what accommodations will allow a student to go to school safely. It may help to get documentation from your child’s doctor or other professional that says that your child has a disability that affects their ability to wear a mask and makes recommendations for reasonable accommodations that would allow your child to attend school.

What kind of mask-related reasonable accommodations can I ask for?

There are many reasonable accommodations and modifications that schools may be able to provide, for example:

  • Different types of face coverings and/or face shields;
  • Environmental changes to the classroom (e.g. increased spacing between students, plexiglass barriers, seating student near ventilation or air purification equipment);
  • Use of additional PPE for classroom staff;
  • Staffing adjustments;
  • Instruction and/or services provided outside, in the home, or in another setting;
  • Masks breaks for the student; and
  • Developing an IEP/504 goal and plan to increase mask use (e.g. videos or social stories on the importance of masks).

What should I do if my school district is not allowing my student reasonable accommodation under the mask mandate?

You have the right to file a complaint with the California Department of Education (CDE), if your school district denies your request for an accommodation or if you do not agree with the accommodations offered. You can use this sample complaint letter:

Template CDE Complaint Regarding School District Denial of Mask Accommodation (rtf)
Template CDE Complaint Regarding School District Denial of Mask Accommodation - Spanish (rtf)
Template CDE Complaint Regarding School District Denial of Mask Accommodation - Korean (rtf)
Template CDE Complaint Regarding School District Denial of Mask Accommodation - Chinese (rtf)
Template CDE Complaint Regarding School District Denial of Mask Accommodation - Vietnamese (rtf)

We have included an email and fax number for CDE, so that you can file your complaint either by email or fax. You can also submit a complaint using an online fillable complaint form, which you can access through this link: https://www.cde.ca.gov/sp/se/qa/documents/sedcomplaintform.pdf.

The CDE’s website has more information about how to file a complaint with the CDE. This website is https://www.cde.ca.gov/sp/se/qa/cmplntproc.asp.

You also have the right to file a discrimination complaint or request a due process hearing. See Chapter 6 of the Special Education Rights and Responsibilities manual for more details on complaints.