Reply to Peer Masking as a Reasonable Accommodation

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]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.  [/quote]

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 [b]schools also have to accommodate kids who don't want to mask by providing an alternate placement[/b].[/quote]

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. [/quote]

Also what happens if no one else in the grade wants their kids to have to mask and they all requests an alternative placement ?[/quote]

Students with disabilities have certain rights that don’t apply to non-disabled students.  A kid with a disability has a right to a reasonable accommodation for their disability.[/quote]

Yes but reasonable people can disagree on what constitutes a reasonable accommodation. More relevantly, per the pl, the ruling contradicts your argument and explicitly states that schools must provide an alternative placement fir any children who don’t want to mask. So again, what happens in the case that no other families in the grade want their kids to mask? [/quote]

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