New CDC Guidelines on the Safe Delivery of In-Person Instruction
On February 12, 2021, the Centers for Disease Control and Prevention (CDC) released the Operational Strategy for K-12 Schools (https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/operation-strategy.html). This 21-page manual includes recommendations for the safe delivery of in-person instruction. As more information is gathered on the new Covid variants, the CDC may update its guidance accordingly. I have designed the sample Q & A below specifically for special needs parents.
Are Children With Disabilities Prioritized for In-Person Learning? The CDC recommends prioritizing reopening for student populations at risk for learning loss during virtual instruction. Per the CDC, “Prolonged periods of remote or virtual learning can have negative effects on educational progress for students, potentially slowing or reversing academic gains.” Additionally, the CDC explicitly states, “Access to vaccination should not be considered a condition for reopening schools for in-person instruction.”
Is It Safe to Send My Child to School? In its report, the CDC cites resarch indicating a lower incidence of Covid-19 among younger children as opposed to teenagers. Per the CDC, the research suggests that younger students are likely to have less risk of in-school transmission than middle and high school students. However, since certain racial and ethnic groups have borne a disproportionate burden of illness and serious outcomes from Covid, in-person instruction may pose a greater risk of Covid to disproportionately affected populations. In the event of an active outbreak in the school or classroom, the CDC recommends immediate notification to public health officials to collaborate on identifying close contacts. The CDC does not call for the use of building-wide closures as part of its phased mitigation strategy.
Will My Child Have to Wear A Mask in School? Narrow exceptions are available for individuals with disabilities who cannot wear a mask or cannot wear a mask safely. Per the CDC, “If a child with a disability cannot wear a mask, maintain physical distance, or adhere to other public health requirements, the student is still entitled to an appropriate education, which in some circumstances may need to be provided virtually.”
Do I Need to Subject My Child to Covid Testing for In-Person Learning? The CDC recommends referrals for diagnostic testing for symptomatic members of the school community and asymptomatic individuals who have been exposed to a confirmed or suspected positive case. It recommends that testing be offered on a voluntary basis only with consent from the parent or adult student. The CDC does not address the issue of whether schools should exclude students whose parents decline consent for testing. In fact, the CDC has recommended phased mitigation strategies specifically for schools that do not implement expanded screening testing.
Can My Child Attend School Five Days a Week? The CDC recommends full in-person instruction with physical distancing of six feet or more to the greatest extent possible for K-12 schools where the community transmission is 7.9% or less during the past seven days, or where community transmission is 49 new cases per 100,000 persons or fewer in the past seven days. Where community transmission is higher, hybrid learning is recommended for elementary schools along with physical distancing of six feet or more. In the absence of screening testing, middle schools and high schools may operate on a hybrid model (8.0%-9.9% or 50-99 per 100,00 persons) or virtual only (greater than or equal to 10% or 100 new cases per 100,000 persons). If there is screening testing, then all K-12 schools can move to a hybrid model if the community transmission is 8.0% or higher, or at least 50 new cases per 100,000 persons. In hybrid learning models, the CDC says that in-person instruction should be prioritized for students with disabilities and others who may benefit from receiving essential instruction in school.
What If Remote/Hybrid Learning is Not Working for My Child? As a practitioner in both New York City and Long Island, I have seen widely varying approaches to in-person learning employed by school districts and individual public and private schools. Many schools are already successfully implementing full in-person instruction five days per week. In other schools, even the hybrid model relies heavily on the use of laptops and apps throughout the school day while inside the building. Other families have been plagued by the uncertainty of building closures based upon strict criteria, which can leave students without any in-person services for weeks at a time. Think about your child’s needs: Does he or she have “limited mobility, difficulty accessing information due to visual, hearing, or other disabilities; require close contact with direct service providers; have trouble understanding information; [or] have difficulities with changes in routines”? If so, the CDC recommends that educators and school leaders consider “adaptations and alternatives to mitigation strategies, while maintaining efforts to protect students, teachers, and staff from Covid-19”.
Can I Use the CDC’s Guidance When Advocating for My Child? MSR Legal will be tracking if and how New York State and local school districts will implement the CDC’s new guidance. If the current delivery of instruction is just not working for your child, MSR Legal can help you understand your options. Parental engagement in education is very important. In fact, the CDC recommends that schools and districts “conduct active and specific outreach” to underserved families including students with disabilities. If you feel like you’ve lost your voice in your child’s education, book a consultation on our website at https://www.msrlegal.org/book-your-consultation .
Continue to follow us on Instagram @MSRLegalConsulting and Twitter @MSRLegalOroma where I’ll be posting the latest updates on special needs parenting and special education in the wake of the coronavirus pandemic.
Until next time,
Oroma
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