Governor's May 18 Order Prohibits Mask Requirements in Schools     

    Gov. Greg Abbott announced Tuesday, May 18, that public schools can no longer require masks on their campuses starting June 5. The decision was part of a new Executive order that bans governmental entities, including school districts, from mandating masks.

    According to the Order, public schools may continue to follow policies regarding the wearing of face coverings to the extent reflected in the current guidance by the TEA until June 4, 2021.  The Order, however, requires TEA to revise its guidelines, effective at 11:59 p.m. on June 4, 2021.  After June 4, “no student, teacher, parent, or other staff member or visitor may be required to wear a face covering.”Any violation of the Governor’s Order can result in a fine of up to $1,000.

    Although districts are prohibited from requiring face coverings after June 4, Districts must still comply with Americans with Disabilities Act (ADA) obligations. Therefore, if Districts have employees, students or visitors who are at high risk for contracting Covid-19, reliance on a mask requirement will no longer be a safety measure that can be relied upon to accommodate a high infection risk.  Other safety measures like desk shields, cleaning protocols, social distancing requirements, ventilation improvements, and other changes should be considered when engaging in the interactive process under the ADA.

    Remember: a person must have a disability for the District to be legally required to offer a reasonable accommodation absent any undue hardship.  If necessary, Districts may request more information about a person’s condition to determine whether they have a disability as part of the interactive process.  Because of the restrictions on what type of medical information employers may request, however, you should always consult with legal counsel before inquiring about an employee’s medical condition.

 

Author: Michelle Alcala