Peer Masking as a Reasonable Accommodation

[Anonymous]

What narrow range of students are so medically fragile that the need peer masking, yet have robust enough immune systems that the kind of half assed masking at school will meet their needs?

[Anonymous]

Anonymous wrote:So, if a student in your child’s class has cancer, you’re not willing to have your kid mask?

So you’re saying it should be optional, i.e. what I’m willing to do?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Disgusted that posters are suggesting medically fragile kids should isolate at home rather than be in the classroom with a basic level of precaution through masking by peers.

Disgusted that you're forcing kids with autism and speech delays to mask, with consequent harms to speech and social-emotional development.

I never said that. Each child with a disability is entitled to accommodations and schools have to review how to best manage multiple accommodations for multiple students. That has always been the case with accommodations in school.

[Anonymous]

Anonymous wrote:What narrow range of students are so medically fragile that the need peer masking, yet have robust enough immune systems that the kind of half assed masking at school will meet their needs?

The schools may very well have to provide proper-fitting, high-quality masks as the reasonable accommodation.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Disgusted that posters are suggesting medically fragile kids should isolate at home rather than be in the classroom with a basic level of precaution through masking by peers.

Disgusted that you're forcing kids with autism and speech delays to mask, with consequent harms to speech and social-emotional development.

I never said that. Each child with a disability is entitled to accommodations and schools have to review how to best manage multiple accommodations for multiple students. That has always been the case with accommodations in school.

Well what I know is that no child is entitled to an accommodation just because their parent believes it is necessary. No matter what a parent believes about masking, they don't get to insist that masking is more beneficial than it actually is, or deny that it has harms to other kids. When I was facing the situation of my child having behavioral issues, I would have love to have had him moved to a smaller classroom or a co-taught classroom. Probably that would have resolved a lot of the problems. But that's not an accommodation available to me. I had to work with the situation as it was -- get him to regulate in the normal classroom -- or accept that he needed a more restrictive setting.

[Anonymous]

Anonymous wrote:Here is the full settlement: https://www.acluva.org/sites/default/files/field_documents/seaman_v._virginia_settlement_agreement_fully_executed.pdf

I can't cut and paste from it, but it makes clear that this is not some kind of right to reinstitute 100% masking based on an unsupported allegation that the child is "immunocompromised" or whatever. Kids in Virginia still have rights NOT to mask - both under Virginia law and the ADA.

Thanks for posting! It's actually very narrow in saying that the plaintiffs can request masking as an accommodation (no guarantee it will be given) and explicitly says that schools also have to accommodate kids who don't want to mask by providing an alternate placement.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What narrow range of students are so medically fragile that the need peer masking, yet have robust enough immune systems that the kind of half assed masking at school will meet their needs?

The schools may very well have to provide proper-fitting, high-quality masks as the reasonable accommodation.

Arguably, it is never reasonable to require other children to mask during crucial developmental phases, like Kindergarten. That argument remains to be made in the courts.

[Anonymous]

Accommodations are made all the time at schools.

There are no tree nuts allowed in classrooms of kids with allergies. There are kids who get preferential seating near the teacher due to vision issues. There are kids in wheelchairs whose classroom is on the main floor so they don't have to deal with the stairs/elevators. LOTS of accommodations.

Seems reasonable that if there is a particular medical issue that makes masking a need for a kid that it would be a reasonable accommodation. It also seems reasonable that if a kid needs to be in an un-masked classroom due to speech issues that would be accommodated too... that might mean that those two kids aren't in the same class, but they each have their educational needs met.

[Anonymous]

Anonymous wrote:Accommodations are made all the time at schools.

There are no tree nuts allowed in classrooms of kids with allergies. There are kids who get preferential seating near the teacher due to vision issues. There are kids in wheelchairs whose classroom is on the main floor so they don't have to deal with the stairs/elevators. LOTS of accommodations.

Seems reasonable that if there is a particular medical issue that makes masking a need for a kid that it would be a reasonable accommodation. It also seems reasonable that if a kid needs to be in an un-masked classroom due to speech issues that would be accommodated too... that might mean that those two kids aren't in the same class, but they each have their educational needs met.

Exactly! Schools are already accustomed to managing and balancing numerous accommodations. We’ve definitely been in a classroom with a child that had a severe but allergy and all the families understood they had to do their part to keep that student as safe as possible. My kids would definitely be willing to mask up to keep their peers safe.

[Anonymous]

Anonymous wrote:Accommodations are made all the time at schools.

There are no tree nuts allowed in classrooms of kids with allergies. There are kids who get preferential seating near the teacher due to vision issues. There are kids in wheelchairs whose classroom is on the main floor so they don't have to deal with the stairs/elevators. LOTS of accommodations.

Seems reasonable that if there is a particular medical issue that makes masking a need for a kid that it would be a reasonable accommodation. It also seems reasonable that if a kid needs to be in an un-masked classroom due to speech issues that would be accommodated too... that might mean that those two kids aren't in the same class, but they each have their educational needs met.

You are not comparing equivalent measures. Seating arrangements and class assignments are very low impact on other students. Not comparable at all. Nut free schools is much higher impact on the students and parents to follow, but has been determined justifiable because prevalence of nut allergies is high and the consequences and extremely severe. Schools are not well equipped to handle anaphylactic reactions. And even so, there are some who may still reasonably disagree with nut free schools. It is controversial. (I do not personally object)

The logic is much less clear when all other students are masking as an accommodation for one student who can already wear an N95 to receive their highest level of protection. It is really not akin to these examples.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Accommodations are made all the time at schools.

There are no tree nuts allowed in classrooms of kids with allergies. There are kids who get preferential seating near the teacher due to vision issues. There are kids in wheelchairs whose classroom is on the main floor so they don't have to deal with the stairs/elevators. LOTS of accommodations.

Seems reasonable that if there is a particular medical issue that makes masking a need for a kid that it would be a reasonable accommodation. It also seems reasonable that if a kid needs to be in an un-masked classroom due to speech issues that would be accommodated too... that might mean that those two kids aren't in the same class, but they each have their educational needs met.

Exactly! Schools are already accustomed to managing and balancing numerous accommodations. We’ve definitely been in a classroom with a child that had a severe but allergy and all the families understood they had to do their part to keep that student as safe as possible. My kids would definitely be willing to mask up to keep their peers safe.

As has been mentioned previously in this thread, your kids may be willing to do this, but it then carries potential harm for students with other needs (eg deaf). So these decisions should not be based on what your kids are “willing” to do, but rather what is a reasonable and justifiable request overall.

[Anonymous]

Anonymous wrote:Covid numbers are not low right now. Cases are up 60% nationwide over the past two weeks. Several thousand Americans a week are dying of Covid.

Nationwide stats aren't relevant. Arlington stats are.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So, if a student in your child’s class has cancer, you’re not willing to have your kid mask?

My child is deaf. Your child will not wear a mask so my child can read her lips. Cancer student should stay home.

Just stop with this cruelty. Please.

Reasonable accommodations are always case-by-case. Some schools may have masked and unmasked classes to accommodate different kids as needed. But, generally, a child with a disability has a right be be in the least restrictive environment so sending kids home for their education is a last resort if there are no other alternatives.

Accommodations generally do not interfere or disturb other students. Making other students all wear a mask crosses that line. Reasonable accommodations shouldn't involve everyone in the room and around the child at any point in the day having to alter their behavior. If there are no objections by anyone else in the class, then fine, have everyone wear masks. But I agree with previous posters that if a child's medical condition is that fragile, they need to do what protection they can and weigh the risks otherwise. Do the parents of such a child never take them anywhere else? Are they literally at home or school around masked people 24/7? They never go to the store, or to church?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Here is the full settlement: https://www.acluva.org/sites/default/files/field_documents/seaman_v._virginia_settlement_agreement_fully_executed.pdf

I can't cut and paste from it, but it makes clear that this is not some kind of right to reinstitute 100% masking based on an unsupported allegation that the child is "immunocompromised" or whatever. Kids in Virginia still have rights NOT to mask - both under Virginia law and the ADA.

Thanks for posting! It's actually very narrow in saying that the plaintiffs can request masking as an accommodation (no guarantee it will be given) and explicitly says that schools also have to accommodate kids who don't want to mask by providing an alternate placement.

Sorry - that's backwards. Why should everyone else have to seek alternative placement rather than the student "requiring" their peers be masked? THAT's the one who needs to seek alternative placement.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Accommodations are made all the time at schools.

There are no tree nuts allowed in classrooms of kids with allergies. There are kids who get preferential seating near the teacher due to vision issues. There are kids in wheelchairs whose classroom is on the main floor so they don't have to deal with the stairs/elevators. LOTS of accommodations.

Seems reasonable that if there is a particular medical issue that makes masking a need for a kid that it would be a reasonable accommodation. It also seems reasonable that if a kid needs to be in an un-masked classroom due to speech issues that would be accommodated too... that might mean that those two kids aren't in the same class, but they each have their educational needs met.

Exactly! Schools are already accustomed to managing and balancing numerous accommodations. We’ve definitely been in a classroom with a child that had a severe but allergy and all the families understood they had to do their part to keep that student as safe as possible. My kids would definitely be willing to mask up to keep their peers safe.

Avoiding bringing PB&J or nuts for lunch is not the same as requiring an entire class to wear masks all day - and then making others who need to have others not masked for hearing issues or whatnot move to another class.