Coronavirus 2019 and Its Impact on Connecticut Schools

By: Sara Saucier

March 11, 2020

Novel coronavirus, more specifically, SARS-CoV-2, which causes the disease now called “COVID-19,” infections have been confirmed in a growing number of countries, including the United States. Although the risk of infection appears to be low for most Americans, the disease is easily transmissible, and individuals can be infected and spread the disease without even experiencing symptoms. School districts should remain cautious and take proactive steps to maintain a hygienic space.

COVID-19 Plans

School districts should stay informed about COVID-19 developments. The Connecticut State Department of Education (“CSDE”) recommends that school districts review policies (i.e., attendance, extra-curricular activities, and School/District Safety and Security Plans) to ensure the policies are consistent with COVID-19 guidance.

School Closures

If there has not been an emergency declaration from the Office of the Governor or Federal Government, the decision to close schools is a local decision made by the school district in coordination with and at the direction of the local health officials. The CSDE also recommends the school district consult with the Connecticut Department of Public Health (“CT DPH”) and the CSDE in making its decision. The National School Boards Association (“NSBA) recommends school districts consider the following when making decisions related to school closures:

      • Disease severity (i.e., the number of people who are sick, hospitalized, and death rates) in the community where schools are located.
      • Impact of disease on vulnerable employees and students who may be at higher risk for COVID-19 adverse health complications, including early childhood students, older adults, and those with chronic medical conditions.

School districts should plan with their local municipal health officials to coordinate communication in the event of closures.

Short-Term School Closures (Up to Two Weeks)

For short-term school closures (up to two weeks), the CSDE recommends to “[c]lose schools outright” in lieu of onsite schooling to “avoid inequities, staff contractual issues, special education access, etc.” School districts should make up the missed days during vacations and/or in June.

      • If the school district meets the 180-day requirement, the school district does not need to submit a waiver application.
      • If the school district does not meet the 180-day requirement, school districts must submit a waiver application. Connecticut law permits the CSDE to authorize a shorter school year, i.e., one with less than 180 days, in emergency circumstances.

For school districts that decide to provide distance learning during short-term closures, it must be approved by waiver. School districts “must consider applicable state and federal laws and policies, including but not limited to employment laws, collective bargaining considerations, and special education.”

Long-Term School Closures

School closures that extend past two weeks will be addressed on a case-by-case basis. Connecticut state law permits the CSDE to authorize a shorter school year, i.e., one with less than 180 days, in emergency circumstances. The school district should submit a request for consideration in writing to the Commissioner of Education. Such request will be determined on a case-by-case basis by the State Board of Education.

[Updated 3/12/2020 @ 4:20pm] Long-Term School Closures: On March 12, 2020, Governor Ned Lamont signed an executive order to waive the 180-day school year requirement. Conn. Gen. Stat. §§ 10-15 and 10-16, which require 180 school day sessions “are immediately suspended for all schools that are closed for any period of time due to COVID-19 risks and, upon the reopening of the schools, hold school sessions through June 30, 2020.” Please see Governor Lamont’s Executive Order here.

What if a Student or Staff Member Has Tested Positive for COVID-19?

If a student or staff member has tested positive for COVID-19, it is critical to maintain confidentiality of the student or staff member as required by the Family Education Rights and Privacy Act (“FERPA”) and the Americans with Disabilities Act (“ADA”). School districts should work with the local health department and other relevant leadership to communicate the COVID-19 exposure and determine what next steps are necessary.

The CDC recommends that students and staff who are well but are taking care of or share a home with someone with a confirmed case of COVID-19 follow instructions from local health officials to determine when to return to school.

What if a Student or Staff Member Has Recently Traveled to China or Other “High-Risk” Area?

The CT DPH provides: “People with a travel history to China and no symptoms can return to work or school after the 14-day self-monitoring period is complete. There is no clearance process. People without symptoms are not tested for the virus.”

If a student or staff member has travelled to China in the last 14 days and comes sick with fever, cough, or difficulty breathing, the CT DPH recommends the following:

    • Be separated from other students or staff until they can be picked up for transport home or to a medical provider. Consider having the ill person wear a face mask.
    • Seek medical care at an emergency department. Before going to the emergency room, the school or family should call ahead and tell them about recent travel and symptoms.

The CDC advises individuals who have recently returned from a country designated as Level 3 to self-monitor in their homes for 14 days upon returning to the United States. School districts may consult with public health officials to determine whether the school district will impose any restrictions (such as self-monitoring or quarantine) for individuals who have recently traveled to a high-risk area, is showing symptoms of COVID-19, or has been in close contact with someone diagnosed with COVID-19. School districts must apply these restrictions consistently to avoid actions that might be viewed as discriminatory based on any perceived race, ethnicity, or nationality, or any other protected class.

Preventative Measures

School districts should communicate clearly and regularly about recommended preventive measures with staff and students. The Centers for Disease Control and Prevention (“CDC”) recommends the following:

      • Vigorously wash hands with soap and water for at least 20 seconds, or use hand sanitizer that contains at least 60% alcohol if soap and water are not readily available. Always wash hands with soap and water if hands are visibly dirty.
      • Avoid close contact with people who are sick.
      • Avoid touching your eyes, nose, and mouth.
      • Cover your cough or sneeze with a tissue, then throw the tissue in the trash.
      • Encourage all staff and students to stay home when sick.
      • Clean and disinfect frequently touched objects and surfaces.

School districts should provide adequate soap, paper towels, and other cleaning supplies in bathrooms and other wash areas.

Postpone or Cancel Events

In considering planning for large events where there would be 100 or more people in attendance, such as athletic events, school plays, spring concerns, and field trips, the CSDE recommends that school districts consider the directives made to state agencies by the Governor. On March 9, 2020, the Governor issued the following guidance:

      • There is now an immediate freeze on state employee travel on state business outside of Connecticut until further notice.
      • Any employees working with out-of-state contractors who travel to Connecticut-based sites or employees planning to welcome out-of-state colleagues or other out-of-state visitors should evaluate if the activities can be done online or through teleconference. If so, that should be done.
      • Large meetings, conferences, or gatherings that are anticipated to have over 100 people in attendance between now and April 30 will be evaluated to determine if the events should move to teleconference or be postponed.
      • For meetings or events with large numbers of people within arm’s length of each other, those 70 years old or older, those with cardiovascular disease, diabetes, cancer, heart disease, chronic lung diseases, or severely weakened immune systems should dial in or not attend.

School districts should consult with the municipal or district health department in determining whether to postpone or cancel events.

Distance Learning

In developing distance learning opportunities, school districts should receive input from a multi-disciplinary team, including teachers. School districts must consider educational policy issues, legal input, and special education considerations when making its plan.

School districts should consider there are various obstacles that could make it difficult to shift to an online-only learning experience. For example, some students may have varying levels of language proficiency, or have individualized education plans (“IEPs”), or may not have access to an internet connection at home, may have varying levels of language proficiency. School districts should review the availability of students’ technology/internet access at home. School districts who utilize distance learning, therefore, should consider a mix of online and analog (i.e., print) resources.

The Connecticut Commission for Educational Technology (“CTEDTECH”) issued guidance and resources for remote learning. CTEDTECH suggests reviewing eLearning Days, which addresses issues from teacher preparation and supports to accommodations for students with special needs.

The CSDE recommends considering the following:

Approach

      • Distance learning opportunities may be digitally based (e.g., online learning) and/or print-based (e.g., structured printed learning materials sent home in advance). These two approaches do not have to be mutually exclusive.
      • The extent to which a particular medium (digital and/or print) is used in the design of a learning opportunity will depend on the infrastructure available in the school community, especially 1:1 technology capacity and internet access in the students’ homes.
      • The nature of the learning opportunity may also differ based on the grade range. For example, online learning may be more feasible in the upper grades, while print-based learning materials may be more suitable in the elementary grades.

Content

      • The content of these learning opportunities is another consideration. For example, anticipate in advance the need to plan activities and materials that are not directly tied to the scope and sequence of the curriculum. Developing general materials tied to grade-level learning expectations will allow flexibility depending on the timing of a potential closure.
      • For additional support and technical assistance in creating such a “Distance Learning Plan” for your district, we encourage you to contact your Regional Educational Service Center (RESC).

Staff

      • The CSDE strongly recommends that district leaders work in close partnership with their local unions in the design, development, and implementation of distance learning opportunities. The training and ongoing support of classroom teachers is vital to the effectiveness of such efforts.
      • Should a school closure impact student teaching or clinical placements, the CSDE will work with Educator Preparation Programs to address program completion requirements.

Attendance

Due to the COVID-19 outbreak, school districts could face increased absenteeism at schools. School districts should review and evaluate their attendance policies. For instance, an attendance policy that rewards perfect attendance should be amended to ensure that ill students stay home rather than feel compelled to attend school.

The CDC recommends that school districts develop a monitoring system to alert the local health department about any large increases in absenteeism. If there is a COVID-19 outbreak in the community, school districts should encourage all students and staff to stay home when sick.

In addition, the NSBA recommends that school districts review their insurance coverage for contingencies such as school closures and high employee absenteeism.

Routine Cleaning

School districts are encouraged to ensure that routine cleaning of all frequently touched surfaces, such as workstations, countertops, and doorknobs, are cleaned before students arrive and leave for the day.

In the context of COVID-19, green cleaning laws should not be misconstrued to limit compliance with the relevant CDC and/or DPH guidance. School districts should review the Connecticut Department of Administrative Services’ guidance below regarding “green cleaning” and the coronavirus.

School Nurses

Schools are not expected to screen students or staff to identify cases of COVID-19. It is recommended that school nurses have a plan in place for when a student visits the nurse’s office with symptoms consistent with COVID-19.

Stigma and Discriminatory Behavior

School districts should review its non-discrimination policies. School districts should remind everyone that sharing rumors and misinformation that connects the risk of COVID-19 to any race, ethnicity, or nationality, or any other protected class may violate state law. School districts should foster a supportive environment.

The Office for Civil Rights (“OCR”) reminds school districts that Title VI of the Civil Rights Act of 1964 (“Title VI”) may require educational institutions “to investigate bias incidents and take reasonable steps to end unlawful harassment, eliminate hostile environments, prevent the harassment from recurring, and, as appropriate, remedy its effects.”

Special Education Considerations

Even during COVID-19, school districts remain responsible for providing a free appropriate public education (“FAPE”) to all students. School districts should have broad-based teams, including Special Education Directors, to establish a plan for issues around special education.

Prior to and during a school closure, school districts should coordinate a communication framework with parents and guardians regarding their child’s IEP services and maintain communication on next steps once the school reopens.

School Closures Without Distance Learning

The CSDE recommends that schools “close outright” for short-term closures (up to two weeks) to avoid inequities and concerns related to special education access.

School Closures with Distance Learning

The CSDE warns school districts that provide distance learning in lieu of onsite schooling that school districts must comply with all federal and state laws and policies.

School Districts as Employers

School districts should develop and implement a plan to avoid the risk of exposure to COVID-19.  As part of any plan, school districts should encourage employees to stay home when sick, instruct employees to clean their hands often, provide adequate hygiene supplies in the schools and routinely clean all frequently touched surfaces in the workplace. School districts also should consider separating employees who have symptoms of acute respiratory illness and sending employees home if necessary.

Travel

If employees must travel, they should inform the school district of their travel plans, discuss it with their healthcare provider to determine health risks, avoid contact with sick people, clean hands thoroughly, bring hygiene products with them and pay attention to their health during travel and when they return. Employees also should inform the school district if they become sick while traveling. School districts should consider telling employees who return from affected areas to stay away from work for 14 days from their return and to consult with a health care provider prior to returning to work. School districts, however, must review any applicable federal and state laws as well as employees’ collective bargaining agreements.

Family and Medical Leave and Sick Leave

As COVID-19 may qualify as a “serious health condition” under the Family and Medical Leave Act (“FMLA”), the FMLA may apply to eligible employees who contract or have an immediate family member who contracts the virus. School districts should be aware of eligibility requirements under the federal laws.

School districts should be wary of employees who attempt to use FMLA or sick leave out of fear of contracting COVID-19. Such employees would not typically qualify for FMLA or sick leave.  School districts should review and document each request to use FMLA and sick leave. School districts also need to communicate to all employees the importance of staying home when sick.

Collective Bargaining Agreements

The NSBA recommends that school districts explore the contract implications for mass and extended individual employee absences and instruction during school closings including the following:

  • Coordinate with unions in advance.
  • Draft any necessary agreements.
  • Plan for substitutes for all positions – bus drivers, teachers, cafeteria staff, etc.
  • Address any needed sick leave exceptions or waivers.
  • Consider emergency sick leave pools.
  • Coordinate with health insurance carriers regarding any anticipated challenges with the widespread use of health insurance benefits.

Resources

NOTE: This guidance is based on the information available as of March 11, 2020, including guidance issued by the Centers for Disease Control and Prevention (“CDC”); the World Health Organization (“WHO”); the Connecticut State Department of Education (“CSDE”) guidance letters, and the National School Boards Association (“NSBA”).

The information contained in this post is general in nature and offered for informational purposes only. It is not offered and should not be construed as legal advice. If you need to speak to an attorney regarding your school or district’s coronavirus / COVID-19 questions, please contact:

 Nicholas J. Grello, 203.789.0001, ngrello@zcclawfirm.com

Kyle A. McClain, 203.789.0001, kmcclain@zcclawfirm.com

Sara C. Saucier, 203.789.0001, ssaucier@zcclawfirm.com

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