COVID-19 FAQ

Are students advised to wear face coverings? (July 22)

Indoors: In grades kindergarten and up, OHA and ODE strongly advise face coverings for all staff and students who are unvaccinated while indoors. (RSSL pg. 13)

Outdoors: Per OHA guidance, it is acceptable for both fully vaccinated and unvaccinated people to be outdoors without a face covering. (RSSL pg. 13)

Guidance on mask breaks: Group mask breaks or full classroom mask breaks are best done outdoors where ventilation and physical distancing are maximized.
(RSSL pg. 14)

Certain accommodations for medical needs or a disability may be necessary. In general, face coverings are preferred over face shields, as they provide better containment of small aerosols that can be produced while talking.

Are adults in schools advised to wear face coverings? (July 22)

Indoors: OHA and ODE strongly advise face coverings for all staff and students who are unvaccinated while indoors. (RSSL pg. 13)

Outdoors: Per OHA guidance, it is acceptable for both fully vaccinated and unvaccinated people to be outdoors without a face covering. (RSSL pg. 13)

What are the physical distancing requirements in schools? (July 22)

OHA and ODE strongly advise that schools support and promote physical distancing by:

• Maintaining at least 3 feet between students to the extent possible
• Considering physical distancing requirements when setting up learning spaces and activities
• Arranging spaces and groups to allow and encourage at least 3 feet of physical distance
• Minimizing time standing in lines and taking steps to ensure that space required between students is maintained by marking spaces on the floor, one-way traffic flow in constrained spaces, etc. (RSSL pg. 14)

When it is not possible to maintain a physical distance of at least 3 feet, it is especially important to layer multiple other prevention strategies, such as wearing face coverings.

How should schools respond to a student’s refusal to wear a face covering at school? (July 22)

When students falter in adhering to your district’s or school’s face covering policy, center grace and patience and reteach the expectation. Refrain from implementing consequences that deny access to instruction as a result of these challenges. Schools and teams should continually provide instruction and positive reinforcement to help all students adapt to the changes in school facilities while ensuring punitive measures are not the methodology to remind, motivate and reinforce healthy practices.

Remind students (with signage and regular verbal reminders from staff) of the importance of respiratory etiquette. Respiratory etiquette means covering coughs and sneezes with an elbow or a tissue.

Tissues should be disposed of in a garbage can, then hands washed or sanitized immediately. (RSSL pg. 13)

Can the school increase its custodial staff?

We know that careful and repeated cleaning of facilities is one way to slow the spread of COVID-19. Schools should refer to the applicable CBA when considering hiring new employees to assist in this. The COVID-19 virus is spreading rapidly requiring school facilities to be cleaned daily as new cases occur. See CDC guidance regarding cleaning.  

Can the school contract with outside vendors for cleaning?

Some schools are looking to contract with third parties to meet the additional cleaning needs. Schools should review their CBAs and applicable procurement laws prior to contracting out. Emergency procurement may apply. 

Are cleaning costs covered by PACE?

These costs are not reimbursable by PACE and a district should not enter into such a contract with the assumption that these costs will be reimbursable by any insurance provider. Districts should, however, keep track of their internal cleaning expenses as some of these may be reimbursable by State and Federal Authorities in the future. PACE recommends following the CDC Environmental Cleaning and Disinfection Recommendations.

What is contact tracing?
Contact tracing is the process of identifying people who may have come in close contact with a COVID-19 infected person and collecting information about those contacts.

What are a school’s COVID-19 contact tracing responsibilities? (June 29)
Schools are no longer required to conduct COVID-19 contact tracing, however ODE and OHA strongly advise schools to maintain a system of daily logs for students and cohorts to assist in contact tracing. ODE and OHA guidance recommends that such a system be developed in consultation with a school nurse or local public health authority official. Sample logs and other contact tracing resources can be found in the Oregon School Nurses Association COVID-19 Toolkit. 

Are schools required to offer access to COVID-19 testing? (June 29)
Schools are not required to offer access to COVID-19 testing, however ODE and OHA strongly recommend that schools implement OHA-sponsored, voluntary COVID-19 testing. 

How do schools obtain COVID-19 tests? (June 29)
Schools should coordinate with their local public health authority when planning for COVID-19 testing. 

How are COVID-19 tests administered? (June 29)
Schools should coordinate with their local public health authority regarding COVID-19 test administration. 

Can schools require that students self-administer a COVID-19 test when they become aware that a student is symptomatic or is known to have been exposed to someone with COVID-19? (June 29)
No. Students must never be forced or coerced to participate in the testing process. Schools must obtain written consent from the student prior to undergoing COVID-19 testing. OHA has developed a written consent form for this purpose.

What are the privacy implications of COVID-19 test results? (Jan. 20)
Student and staff COVID-19 test results (positive or negative) must be kept confidential. Student test results may be shared with the student and their parent/guardian, and student and staff test results may be reported to local health authorities as required by law.

Do schools have liability coverage from PACE for COVID-19 testing? (Jan. 20)
Please review the PACE Communicable Disease FAQ or contact PACE Underwriting for questions regarding PACE coverage. There are state and federal laws (HB 4402 and the Public Readiness and Emergency Preparedness Act (PREP), respectively) which may provide liability protection to schools engaged in the COVID-19 test administration process. We recommend you reach out to your legal counsel or PACE Legal for additional information about liability protection matters.

Can outside organizations use school facilities as COVID-19 testing locations? (Jan. 20)
Yes, but it is important to note that schools do not have liability coverage for damages assessed against a school for injuries arising from the COVID-19 testing process. If your school permits an eligible outside organization to use school facilities for COVID-19 testing, you should execute this facilities use COVID-19 addendum. This form should be used in conjunction with your standard facilities use agreement forms.

Are there any COVID-19 related requirements or restrictions pertaining to school provided day care programs? (June 29)

On May 18, 2021, the Oregon Early Learning Division (ELD) issued new guidance for having a center-based child care facility. Additionally, pursuant to the June 22, 2021 ELD COVID-19 Transition Update, any temporary child care facilities (“pop-ups”) may continue to operate as Emergency Child Care Facilities at this time, but should expect to end operations by August 31, 2021.

Are there any COVID-19 related requirements or restrictions pertaining to school playgrounds? (June 29)

No, school playgrounds are no longer subject to any COVID-19 requirements or restrictions. However, ODE’s Ready Schools, Safe Learners Resiliency Framework for the 2021-22 School Year, strongly encourages the continuation of health and safety strategies, including regular hand-washing, and maintaining physical distancing and stable student cohorts.

Are there any COVID-19 related requirements or restrictions pertaining to schools allowing facility use by outside groups such as youth athletics and summer camps? (June 29)

No, there are no COVID-19 related requirements or restrictions pertaining to schools allowing facility use by outside groups such as youth athletics and summer camps. However, if you choose to permit third-party facility use, we strongly recommend using our standard facilities use agreement form, in conjunction with our facilities use COVID-19 addendum.

Should we continue using the PACE facility use form along with the COVID-19 addendum? (June 29)

Yes, if you choose to permit third-party facility use, we strongly recommend using our standard facilities use agreement form, in conjunction with our facilities use COVID-19 addendum.

After December 31, 2020, do schools need to provide paid leave pursuant to Families First Coronavirus Response Act? (Jan. 6)

No. The Families First Coronavirus Response Act (“FFCRA”) was signed into law by the President on March 18, 2020. The act provided employees with paid leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA) and also provided for paid sick leave under the Emergency Paid Sick Leave Act (EPSLA). As of Jan. 1, 2021, the FFCRA no longer requires covered employers to offer either form of emergency leave. However, schools should review any union contract language regarding obligations that may have been created to provide employees with paid leave.

Although there may be no emergency paid leave obligation under FFCRA, it should be noted that BOLI adopted a rule that specifically allows OFLA leave to be used when the employee is absent from work in order to “care for an employee’s child whose school or child care provider has been closed in conjunction with a statewide public health emergency declared by a public health official.” OAR 839-009-0230(4)(a). This is not a paid leave obligation, but it does create protected leave for an employee.

Additionally, Oregon’s sick time law allows employees to use accrued sick time in the event of a public health emergency for the closure of an employee’s child’s school. ORS 653.616(6). See BOLI’s guidance for more information. Employees also may be able to use general sick leave.

What are the in-person, distance learning, and hybrid instruction options for Summer 2021 and the 2021-2022 school year? (June 29)

For summer school 2021 and the 2021-2022 school year, schools must plan to provide in-person education for all students every day. Schools will make decisions at the local level about closing to in-person instruction in response to COVID-19 outbreaks. State agencies such as OHA and ODE have the authority to close schools to in-person instruction if necessary to respond to a public health risk. 

Can staff be asked whether they are experiencing COVID-19 symptoms or have had exposure to someone with COVID-19? (June 29)

Yes, staff can be asked whether they are experience COVID-19 symptoms or have had exposure to someone with COVID-19.

Isolation and quarantine are core components under the authority of public health (LPHAs and OHA) as described in ORS 431A.010, 433.004, 433.441, and 433.443. Schools and districts must cooperate with any LPHA investigations and requirements to protect the public health. LPHAs follow statewide Investigative Guidelines for COVID-19 and other diseases.

Additionally, conducting a risk assessment is required by OAR 437-001-0744(3)(g). OSHA has developed a risk assessment template. 

Can schools release students’ personally identifiable information without consent?

Schools generally need written consent from parents prior to the release of personally identifiable information. Schools are able to provide general, non-personally identifiable information to the community without fear of violating FERPA. For example, schools can tell the community that a student has a confirmed case of COVID-19 without releasing personally identifiable information provided names, ages, and grades are withheld. Schools should use caution if release of this limited information gives the community an idea of the identity of the student. FERPA permits an exception to the release of personally identifiable information when there is a health and safety emergency. Consider using this exception if you are asked to provide names, grades, and ages of students to a public health authority. The United States Federal Government has issued FERPA Coronavirus guidance.  

Can we require employees to disclose medical conditions or provide medical verification?

This is going to depend on the employee’s situation and the severity of COVID-19 in the area. Generally, employers cannot ask “disability-related” questions, but when the pandemic is severe enough to cause a “direct threat,” employers are able to ask additional questions. The EEOC has provided guidance that helps identify which questions can be asked.

What are recovery services? 

Recovery services are educational services meant to address student loss of progress as a consequence of the COVID-19 pandemic. Recovery services are a method for schools to proactively keep students where they would have been educationally if it were not for the disruption caused by COVID-19. 

Are schools required to consider recovery services for students on IEPs? (June 29)

Yes. Schools must notify parents of students on IEPs about recovery service opportunities. Schools must also consider the need for recovery services at initial and annual IEP team meetings, and be proactive about recovery services decision-making, where appropriate. Schools must document decisions made around the delivery of recovery services. 

What do I do if an employee refuses to return to in-person instruction? (June 29)

Ready Schools, Safe Learners Resiliency Framework for the 2021-22 School Year replaces Ready Schools, Safe Learners: Guidance for School Year 2020-21 version 7.5.2 issued on May 28, 2021. The Resiliency Framework may be used for summer school 2021 as well as school year 2021-22.

Under the new guidance decisions of school health and safety reside with school and district officials. School employees must report to work and fulfill their duties, as assigned by the school. If a school employee refuses to return to in-person instruction because of a disability, illness, or other legally protected reason, a school or district should engage in the interactive process under the ADA or allow protected leave as defined under state and federal leave laws. An employee may be eligible for OFLA/FMLA, vacation time, or sick leave. A generalized fear of COVID-19 will not be a justification for most employees to refuse to return to in-person instruction.

However, ODE recognizes that mental health, which encompasses emotional, social, cognitive, and behavioral functioning, is one of the cornerstones of public education for both students and staff.

The guidance states that districts should:

• Devote several days of time and space at the beginning of the school year, and ample opportunities throughout the year for students and staff to connect and build relationships in and out of the classroom.
• Provide ample class time at the beginning of the school year, as well as ongoing time, space, and creative opportunities and outlets (art, music, movement/dance, creative writing, clubs and interest groups etc.) for students and staff to make sense of their experiences, and to process personal and professional stresses, emotions, trauma, and grief.

If you have any questions, contact OSBA attorneys at pacelegal@osba.org.

Can employees use leave to care for their children if their child’s school or daycare closes due to a COVID-19 outbreak? (June 29)

Yes, BOLI recently adopted a rule that specifically allows OFLA leave to be used when the employee is absent from work in order to “care for an employee’s child whose school or child care provider has been closed in conjunction with a statewide public health emergency declared by a public health official.” OAR 839-009-0230(4)(a)

Oregon’s sick time law allows employees to use accrued sick time in the event of a public health emergency for the closure of an employee’s child’s school. ORS 653.616(6). See BOLI’s guidance for more information. Employees also may be able to use general sick leave.

Schools should review CBAs and any applicable contract language regarding additional leave.

Are schools required to provide employees with new leave entitlements under the American Rescue Plan Act? (April 1)

No. The American Rescue Plan Act (ARPA) creates new COVID-19 leave entitlements that employers may choose to offer their employees. Participation is voluntary. Beginning April 1, 2021, the ARPA provides 80 hours of new Emergency Paid Sick Leave (EPSL). The leave is available to employees for the COVID-related reasons described in the 2020 Families First Coronavirus Response Act (FFCRA), and adds new reasons related to:

• waiting for COVID-19 test results after an exposure or when the school requires the employee to be tested;
• getting vaccinated against COVID-19; and
• recovering from COVID-19 vaccination side effects.

The leave may be used between April 1 and Sept. 30, 2021. The ARPA also extends the availability of Emergency Family and Medical Leave (EFMLA or FMLA+). Because EFMLA/FMLA+ is tied to FMLA eligibility, employees working for schools participating in the ARPA program are only entitled to as much EFMLA/FMLA+ leave as they have available FMLA leave in a 12-month period. The daily wage caps remain the same as under FFCRA ($200/day or $511/day, depending on the reason for the leave). Schools that participate in the voluntary leave program under APRA may be eligible for employment tax credits. 

Can district, ESD, and community college boards meet in person or virtually? (June 29)

Yes. Governing bodies can choose how they meet, whether that be in person or virtually.

Do boards have to allow members of the public to participate in virtual meetings? (June 29)

Yes. If a meeting is held by telephone or video conferencing technology or through some other electronic or virtual means, the board must make available a method by which the public can listen to or observe the meeting.

HB 2560 requires that a governing body make available to the public at least one place where, or at least one electronic means by which, the public can listen to the communication at the time it occurs. A place provided for the public may be a place where no member of the governing body of the public body is present.

All regular meeting requirements remain in place, including notice, minutes and accessibility. If the board is voting on any issue, OSBA recommends the chair use a roll-call type of voting process to ensure each member’s vote is accurately captured. Additionally, we recommend that boards explore options to allow the public to provide input to the board and look for ways to remove barriers so that meetings remain accessible to all members of the public.

Do virtual meetings have to be recorded? (June 29)

If the virtual meeting technology used by the school allows for it, meetings must be recorded and the recording must be made available to the public. This requirement does not apply to executive sessions.

How do boards satisfy any requirements for in-person testimony that might be required during a public meeting? (June 29)

HB 4212 and HB 2560 provide that any requirement for in person oral public testimony also needs to be provided by telephone, video or other electronic or virtual means; and if in-person written testimony is allowed, it can be submitted by electronic mail or other electronic means, so that the governing body may consider it in a timely manner.

HB 2560 requires that all public meetings held by boards reasonably provide the general public with an opportunity to access and attend the meeting by telephone, video, or other electronic or virtual means, and to allow oral and written testimony by electronic or virtual means when in-person testimony is allowed.

Do boards still need a quorum to make a decision and has the definition of “quorum” changed? (June 29)

Yes, a board still needs a quorum to make decisions; however, the definition of what constitutes a quorum has changed. HB 4212 states that, “notwithstanding any requirement that establishes a quorum required for a governing body to act, the minimum numbers of members of a governing body required for the body to act shall exclude any member unable to attend because of illness due to COVID-19.”

Can the board hold an emergency meeting regarding COVID-19? (June 29)

Maybe. The official guidance regarding COVID-19 is changing rapidly. A circumstance may arise where a school board needs to make a quick decision, and if the board must make a decision and does not have time to provide 24 hours’ notice, an emergency meeting can be held. When an emergency meeting is held, the school must provide as much notice as the emergency allows, and the reason for the emergency must be documented in the minutes. ORS 192.640. All other regular noticing and public meeting requirements must be followed.

Can the board go into executive session to discuss matters relating to the COVID-19 virus? (June 29)

There is not clear statutory authority allowing the district to go into executive session to discuss matters related to the COVID-19 virus. For that reason, our recommendation is that this discussion be held in open session. The statute that might allow these types of discussions in executive session is ORS 192.660(2)(k) “to consider matters relating to school safety or a plan that responds to safety threats made toward a school.” Again, because it is unclear whether this statute allows the district to go into executive session for this purpose, it is recommended that conversations related to COVID-19 occur in open session.

Public Records: Are we required to respond to public records requests during the closure?

Under normal circumstances, you are required to provide an initial response within five business days of receiving the request and complete the request within an additional ten days. Oregon statute specifies that “any day on which the central administration offices of the district” are closed are not considered business days, so closure days would not count towards the deadline. ORS 192.311(1). Even if the district office is open, you are not required to meet these timelines if “compliance would demonstrably impede the public body’s ability to perform other services” or “the staff or volunteers necessary to complete a response to the public records are unavailable.” ORS 192.329(6) - (7). One of these two may apply in your current situation. Consequently, you may not be bound to the statutory timelines.

This does not mean that you can ignore and forget the request. You should communicate the delay to the requestor if possible and fulfill the request as soon as you have the capability.

Are K-12 indoor and outdoor sporting events and practices allowed to resume? (June 29)

Yes, whether a school may participate in indoor and outdoor sporting events and practices is no longer based on the county’s COVID-19 risk level, nor is it subject to the requirements outlined in OHA’s Sector Guidance – Indoor Recreation and Indoor Fitness Establishments. While the resumption of school sports activities is no longer based on the county’s COVID-19 risk level, both the CDC guidance encouraging K-12 schools to base their decision on whether to resume sports on community transmission rates, and the OSAA Sports Medicine Advisory Committee guidance for athletes returning to sports following infection with COVID-19, remain in place.

Are there are any COVID-19 related requirements or restrictions related to school athletics? (June 29)

No, school athletics are no longer subject to any COVID-19 requirements or restrictions. However, ODE and OHA strongly advise that students continue to wear face coverings when indoors. The Oregon Health Authority has advised that it is acceptable for both fully vaccinated and unvaccinated people to be outdoors without a face covering. Additionally, both ODE and OHA strongly advise that schools support and promote physical distancing, to the extent possible.

Does the “10-day drop” rule apply? (June 29) 

How is attendance reported for students receiving on-site instruction? (June 29) 
 
For On-Site Instructional Models, ODE’s pre-pandemic attendance and reporting practices are unchanged.  

A "Day in session" means a scheduled day of instruction during which students are under the guidance and direction of teachers (OAR 581-023-0006(1)(f))  

Session day requirements described in the cumulative ADM manual are unchanged; session days may not be claimed for weekends or holidays or any other day during which a licensed or registered teacher is not available to students. (OAR 581-023-0006(f); ORS 336.010; ORS 187.010) (RSSL pg. 8)  

How is attendance reported for students receiving online instruction? (June 29) 

For remote instructional models, schools and districts must take daily attendance. Attendance should be demonstrated in a set 24-hour window that the school establishes and communicates to families prior to the school year.  The 24-hour window is not required to be from 12:00 a.m. to 11:59 p.m. 

Attendance for all instructional models will be defined to include both participation in-class activities and substantive interaction with a licensed or registered teacher during a school day or substantive interactions with educational assistants, paraprofessionals, and TAPP family advocates that support meaningful learning and/or attend to student mental health and wellbeing.  

Substantive interactions can be evidenced by any of the following or reasonable equivalents:  

• Active participation in a video class;   
• A meaningful series of two-way communications between student and teacher via chat, text message, communication app, or email;   
• A sustained phone call between the teacher or educational assistants/paraprofessionals and the student, or, for younger students, with the parent or guardian of the student. (RSSL pg. 8) 

Do schools have a responsibility to notify parents or guardians of their student’s attendance? (June 29) 

Schools have a foundational responsibility to notify parents or guardians of their student’s attendance. ORS 339.071 remains in place for both in-person and online instructional models. Schools must inform parents or guardians if a student is unexpectedly absent (not pre-excused) by the end of the school day to verify safety of the student. Schools should design systems for both in-person and online educational models that allow the end of the day to fall at a reasonable time for this expectation. (RSSL pg. 9) 

Will districts need to administer state assessments in the 2021-22 school year?  (June 29) 

Yes. School districts are responsible for having a plan for and administering the state assessments to their students as required by state and federal law. (ORS 329.485; OAR 581-022-2100). (RSSL pg. 8)

Can students receive the vaccine? (June 29)

According to the Oregon Health Authority, all people in Oregon age 12 and older are eligible to receive the COVID-19 vaccine. 
 
Under Oregon law, minors 15 and older may give consent to receive medical treatment, including vaccinations, when provided by a physician, physician assistant, naturopath, nurse, dentist or optometrist (or other professional operating under the license of one of the listed providers). 
 
Under OHA guidance, these vaccine providers may not require consent from a parent or guardian to vaccinate someone age 15, 16 or 17. Except for pharmacies, most vaccine locations have oversight by a medical professional on this provider list. 
 
Guardian consent is required to vaccinate students ages 12, 13, or 14. The consent requirement does not mandate that a parent/guardian must be physically present when a student gets vaccinated. Written consent may be obtained in advance. 
 
If you are interested in offering a COVID-19 vaccine or clinic event for your school, contact your local public health authorities to discuss options for the kind of event you would like to host. 
 
OHA and ODE are ready to support schools and districts to offer vaccinations through Fall 2021. (RSSL pg. 11)  

Can schools require that employees receive the COVID-19 vaccine before physically returning to the workplace? (Jan. 19)

With important exceptions such as those for employees with disabilities, employees with sincerely held religious beliefs, and health care workers, schools can require that employees receive the COVID-19 vaccine before physically returning to the workplace. Because this is a safety issue directly impacting the employee, associations may issue a demand to bargain in response to such a requirement. Schools should review their current CBAs and/or contact OSBA’s Labor Services for guidance.

Can schools encourage employees to receive the COVID-19 vaccine by offering incentives? (Jan. 19)

Yes, however, offering financial incentives such as gift cards for employees who receive the vaccine could create liability for schools since individuals with disabilities or sincerely held religious beliefs who do not receive the vaccine would be excluded from earning such incentives.

Our school is requiring that employees receive the COVID-19 vaccine. Where do we start? (Jan. 19)

BOLI recommends employers begin with the following steps: (1) Provide employees with ample notice and information about the COVID-19 vaccine; (2) Ensure that employees understand who they should contact with questions or to discuss accommodations, and that those points of contact are knowledgeable about these issues; and (3) Determine whether the school will require the vaccine be administered by qualified school staff, a contracted third party, or each employee’s own health care provider.

Our school is requiring that employees receive the COVID-19 vaccine. Do we have to pay employees for time spent acquiring the vaccine? (Jan. 19)

Because receiving the vaccine likely constitutes receiving medical attention, schools must pay employees for their time if the employee receives the vaccine at a school site or at the employer’s direction during the employee’s normal working hours (OAR 839-020-0046). Schools do not have to pay employees for time spent receiving the vaccine if the employee receives it away from school premises during their off-work hours. Finally, an employee that opts to receive a required vaccine away from a school site during work hours can use available sick leave to do so.

Can qualified school employees administer the COVID-19 vaccine to staff, eligible students, and the community? (Jan. 19)

Yes, but it presents numerous legal issues (personal injury risk, employee privacy, Americans with Disabilities Act requirements). PACE members should review the PACE Communicable Disease FAQ for information about insurance coverage for administering the COVID-19 vaccine. Additionally, there are state and federal laws (HB 4402 and the Public Readiness and Emergency Preparedness Act (PREP), respectively) which may provide liability protection to schools and school staff who administer the COVID-19 vaccine. We recommend you reach out to your legal counsel or PACE Legal for additional information about liability protection matters.

Anyone receiving the COVID-19 vaccine should be asked certain pre-screening questions, which will likely elicit information about a disability and create certain requirements under the Americans with Disabilities Act. If your school is requiring staff to be vaccinated, and either school staff or a third party contracted by the school is administering the vaccine, you are advised to contact either your legal counsel or PACE Legal.

Do schools have insurance coverage or other legal protections if they administer the COVID-19 vaccine to staff, eligible students, and the community? (Jan. 19)

PACE members should review the PACE Communicable Disease FAQ for information about insurance coverage for administering the COVID-19 vaccine. Additionally, there are state and federal laws (HB 4402 and the Public Readiness and Emergency Preparedness (PREP) Act, respectively) which may provide liability protection to schools and school staff who administer the COVID-19 vaccine. We recommend you reach out to your legal counsel or PACE Legal for additional information about liability protection matters.

Are there special vaccine rules for people employed as health care workers? (Jan. 19)

Yes. Schools must provide licensed and certified health care workers such as school nurses and nursing assistants with the opportunity to receive the vaccine at no cost. However, these same health care workers cannot be required to receive the vaccine (ORS 433.416).

Do the “health care worker” rules apply to related service providers such as occupational therapists, physical therapists, and speech pathologists? (Jan. 19)

No. Occupational therapists, physical therapists, and speech pathologists are not considered “health care workers” for whom schools must make COVID-19 vaccines available.

Do the “health care worker” rules apply to dentists and dental hygienists in college programs? (Jan. 19)

Yes, licensed dentists and dental hygienists are considered “health care workers.” Schools must provide dentists and dental hygienists with the opportunity to receive the COVID-19 vaccine at no cost, but they must not be required to receive the vaccine.

Can outside organizations use school facilities as vaccine delivery sites? (Jan. 19)

Yes, however such action presents risk to schools. If your school permits an outside organization to use school facilities for COVID-19 vaccine delivery, you should execute this facilities use COVID-19 addendum. This form should be used in conjunction with your standard facilities use agreement forms.

Can schools require proof that employees received the COVID-19 vaccine? (Jan. 6)

Yes. Schools can require proof that an employee received the COVID-19 vaccine.  If engaging in such a practice, a school’s inquiry should be limited to whether the employee received the vaccine, and schools must take steps to ensure that additional sensitive medical information is not disclosed, disseminated, or improperly maintained.

How should a school respond to an employee who does not fulfill the COVID-19 vaccine requirement because of their disability? (Jan. 6)

Schools must approach each employee’s situation on a case-by-case basis. Schools should engage in the interactive process with the employee and work toward agreeing upon reasonable accommodations that do not compromise workplace health and safety.

What should a school do if it cannot reasonably accommodate an employee who does not fulfill the COVID-19 vaccine requirement because of their disability or sincerely held religious practice or belief? (Jan. 6)

Schools that require COVID-19 vaccines should exhaustively consider all reasonable accommodation options. If a school cannot reasonably accommodate the employee, it may be lawful to exclude the unvaccinated employee from physically entering the workplace. This does not mean the employer may automatically terminate the employee. If a school finds itself in this scenario, it is advised they consult with their legal counsel or contact OSBA attorneys at pacelegal@osba.org. 

Other than OSHA requirements, are there other safety precautions schools should take with respect to staff? (June 29)

Yes, Ready Schools, Safe Learners Resiliency Framework for the 2021-22 School Year replaces Ready Schools, Safe Learners: Guidance for School Year 2020-21 version 7.5.2 issued on May 28, 2021. The Resiliency Framework may be used for summer school 2021 as well as school year 2021-22. The Resiliency Framework provides safety precautions and advice with respect to school safety.

OHA and ODE strongly advise face coverings for all students in grades kindergarten and up, and all staff when students are inside the building. Certain accommodations for medical needs or disability may be necessary.

OHA and ODE strongly advise that schools support and promote physical distancing as described below:

• Support physical distancing in all daily activities and instruction, maintaining at least 3 feet between students to the extent possible.
• Consider physical distancing requirements when setting up learning and other spaces, arranging spaces and groups to allow and encourage at least 3 feet of physical distance.

Additionally, cohorting is a significant strategy to reduce COVID-19 spread. Cohorting refers to establishing a consistent group of students that stays together for a significant portion of the school day. OHA and ODE strongly advise that schools design cohorts for students to the extent possible.

ODE and OHA strongly advise schools to ensure effective ventilation and improve the indoor air quality in schools by:

1. Increasing the amount of fresh outside air that is introduced into the system
2. Exhausting air from indoors to the outdoors
3. Cleaning the air that is recirculated indoors with effective filtration methods (e.g., HEPA filters) to remove virus-containing particles from the air

Regular handwashing is one of the best ways to remove germs, avoid getting sick, and prevent the spread of germs to others. Washing hands can keep you healthy and prevent the spread of respiratory and diarrheal infections from one person to the next. OHA and ODE strongly advise that schools create protocols and systems to ensure access to soap, water and alcohol-based hand sanitizer with at least 60% alcohol.

OHA and ODE strongly recommend that schools implement COVID-19 testing.

Finally, communicable disease management plans are required under OAR 581-022-2220.

Are any funds available to support worker safety?

Yes, SAIF has just established the $10 million coronavirus worker safety fund to help pay for expenses tied to preventing spread of the virus or to mitigate associated costs. Note that a school district must be a SAIF member to access the benefits.