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Joanna Miles wants to go back to her Elizabeth school to teach, but her physician isn’t on board.
The ESL teacher has type I diabetes, myotonic dystrophy and suffered a stroke two years ago — signs that if she became infected with the coronavirus, she is more likely to face serious complications or death.
Miles was granted a medical waiver in late July to work virtually. But four weeks weeks later, the district rescinded the waiver in announcing all students would learn from home while teachers return to their buildings, according to a letter sent by the superintendent and shared with NJ Advance Media.
Now, the district’s Chief Medical Inspector is reviewing her doctor’s note a second time, Miles said. In the meantime, she’ll work from home temporarily until a decision is made.
“I want to go in... but I don’t want to go in right in the middle of (the pandemic) with my endocrinologist telling me not to go in," said Miles in a phone interview, her insulin pump beeping in the background. “I don’t want to put myself at risk in that building following my doctor’s instructions.”
Across New Jersey, districts received a flurry of work-from-home inquiries leading up to the start of the school year from staff with serious medical conditions who fear the potentially deadly consequences of catching the coronavirus. However, which ones are approved is a complicated matter.
School districts, most of which are operating under hybrid models with some in-person and some remote learning, are handling such requests as those for accommodations under the “Americans with Disabilities Act,” said School Board Association Spokesman Frank Belluscio. The law requires employers to offer reasonable adjustments for workers that won’t also cause an undue hardship for the district.
But what is “reasonable” differs from case to case and district to district, and may not include remote teaching. Typically, teachers applying to work from home must first submit medical documentation or doctor’s notes to prove they should stay out of the classroom.
In Elizabeth, spokesman Pat Politano said the district already accommodated those with health concerns by shifting to an all-remote learning model with educators teaching to empty classrooms. He declined to respond to questions regarding Miles' situation, citing privacy laws.
An Elizabeth high school was closed last week for one day of extensive cleaning after a staff member tested positive for COVID-19, compounding fears about the spread of the virus among teachers.
“Teachers are providing instruction from empty classrooms; their students are at home. Medical and health officials have determined there’s obviously no risk of transmission from an empty classroom,” Politano said.
At least 20 teachers in Hammonton cited health concerns involving family members in requesting scheduling accommodations, but the district responded with a blanket denial on Aug. 28, according to Hammonton Education Association President Anthony Angelozzi.
Tenafly School District received 32 such requests from staff members by early August and issued denials to all, said Superintendent Shauna DeMarco last week. Some teachers cited personal health concerns, while others indicated they had family members at home with compromised immune systems, DeMarco said.
At a special school board meeting on Sept. 2, school board attorney Stephen Fogherty said the district would need to hire additional staff to watch over each class in-person if the teachers were approved to live-stream their instruction from home. That would come at a big cost and thus is not considered a “reasonable accommodation,” he said.
“In the cases we reviewed, it was determined we could not accommodate (remote teaching). One, because we would be creating a new position at a substantial expense to the school district. Essentially the redundancy of two positions at the same time,” he said.
Fogherty said the district is now offering alternate accommodations to those teachers, including enhanced personal protective equipment and changes in duties.
“Every single teacher that submitted a request submitted a compelling request with underlying medical documentation. It was very difficult to make those decisions. All of those individuals indicated that they have disabilities that place them at high risk of severe illness,” he continued.
The district was forced to push back its Sept. 8 re-start date for in-person instruction due to staffing shortages. More than 81 teachers requested leave “related to the remote instructional programs of our staff’s own children or related family needs," DeMarco said, in addition to the 32 who wanted to work remotely for health reasons.
The state’s largest teacher’s union, the New Jersey Education Association, says while the issue is complex, no teacher should be forced into working in a dangerous environment.
The union pointed to guidance it provided its members to help navigate the process with their districts. Pregnancy and having a high-risk family member does not entitle someone to an accommodation, according to the FAQ.
“There are many, many factors that go into each decision, but the overarching principle in every case should be to protect the health and safety of students and staff,” said NJEA spokesman Steve Baker.
In some cases, the employee and district may not agree on an accommodation. If it’s determined the accommodation would “pose an undue hardship on the school” or that essential job functions can’t be performed, then the district could not be held liable, Belluscio said.
Miles, who works at William F. Halsey Jr. Health & Public Safety Academy, sent Elizabeth administrators a second request to work from home on Sept. 1 after her doctor advised against her returning to the building. She received word from the superintendent on Sunday that her case was being reviewed again and she can work virtually until there’s an official decision.
Miles said she took sick days last week when teachers were expected to report back to work for training, but she watched the training videos virtually, took notes and created her first-day presentation while sitting in the parking lot of the school building on her laptop.
Last week, she called the state Division of Civil Rights to inform them of her situation. The office investigates allegations of violations of the Law Against Discrimination.
“My health is important and I’m not willing to sacrifice myself for that," she said. "I don’t feel safe going into the building.”
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Avalon Zoppo may be reached at azoppo2@njadvancemedia.com. Have a news tip or a story idea about New Jersey schools? Send it here.
The Link LonkSeptember 14, 2020 at 05:15PM
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Some N.J. teachers were denied work-from-home requests. Here’s how decisions were made. - NJ.com
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