365游戏平台-bt365游戏平台

365游戏平台-bt365游戏平台

德州专业教育者协会
德州专业教育者协会

常见问题和资源

对COVID-19的持续应对继续将学区和个人教育者置于未知领域.

365游戏平台针对德克萨斯州教育工作者关于COVID-19的常见问题制定了以下答案清单. We will continue to update this information as the environment evolves.

Readers should be aware that, as described below, many decisions are made locally. 此外,情况会迅速变化. 本网页所提供的资料是当时所提供的最详尽资料,并会在情况需要时加以更新.

在过去的几周里, 尽管州长的行政命令禁止佩戴口罩,一些地区还是实施了口罩命令, and other districts are considering following suit. Some local governmental entities and groups have taken legal action, 辩称州长没有法律权力禁止戴口罩的要求. 德克萨斯州司法部长肯·帕克斯顿也对几个实施口罩禁令的地区提起了诉讼. 包括德克萨斯州最高法院在内的法院已经针对个别案件和争论采取了行动. These judicial decisions have not ended the legal debate on the underlying legal question as to whether Abbott has the authority to prohibit local mask mandates.

It is too early to know how the courts will ultimately 规则 on whether Abbott acted within his authority or if he exceeded this authority by prohibiting local mask mandates. 德州教育局目前的指导方针, 重申8月19日前提供的指导, 州:

"Per GA-38, school systems cannot require students or staff to wear a mask. GA-38解决了政府为应对COVID-19大流行而强制要求的口罩问题. 其他需要防护装备的当局, 包括面具, in an employment setting is not necessarily affected by GA-38."

由于目前的诉讼以及bt365游戏平台无法知道法院最终会如何裁决, we must caution that if your district imposes a mandate, 而你却拒绝遵守, you could face negative employment action for insubordination. 你可以根据州长的命令对任何负面就业行动进行辩护. 然而, because we still don’t know how much legal weight the governor’s order has, 因为这个问题还没有决定, we don’t know how effective such a defense will be at this time.

Until we have a final decision from the courts and guidance from TEA, bt365游戏平台通常建议会员们遵守任何当地的口罩规定是最安全的. 任何声称遵守州长命令的辩解都可能被法庭或该机构视为毫无意义.

如果建立了本地掩码命令, 能够证明有与健康有关或宗教原因不戴口罩的个人,可能有获得例外的法律权利.

Stay tuned for updates as this important issue evolves.

目前, TEA已经决定,如果公立学校愿意,他们可以提供远程教学, 但只有那些属于德州虚拟学校网络的学校才会获得州ADA的远程教学资助. The fact that a district or charter will not receive state ADA funding for remote learning will likely be a strong factor weighing in favor of in-person instruction for the 2021-22 school year. TEA在德克萨斯州虚拟学校网络以外的公立学校发布了关于远程教学的非约束性指导 茶.德州.gov/sites/default/files/covid/Non-TXVSN-Remote-Instruction.pdf.  

TEA guidance requires that a student or staff member who tests positive for COVID-19 or is actively sick with COVID-19 symptoms refrain from attending school in person. 该指南不再包括密切接触COVID-19后进行隔离的要求. It is possible a local school district or charter school could determine locally that it wishes to continue requiring a quarantine after a close-contact exposure. 如果发生这种情况, 然而, 因为法律不要求隔离, the district or charter might have to continue to pay the educator and not deduct the time away from the educator’s available leave if the educator is employed under contract.

Students who are not able to attend school due to a quarantine for either an active or suspected COVID-19 illness are eligible to receive remote instruction. A school district may allow a staff member who is under quarantine to work remotely, but there is no specific requirement that this be an option, 这是否是一种选择在很大程度上取决于工作人员的职责以及他们在远程执行这些职责的容易程度.

There is no specific COVID-19 leave provided under either federal or state law. 然而, some districts across the state have adopted policies providing some type of additional local leave related to either a COVID-19-related quarantine or illness. Educators should check their local leave policies to see if their own district or charter provides any type of COVID-19-specific leave.

这个问题的答案, 至少目前是这样, 对于绝大多数教师和其他公立学校的员工来说,仍然是否定的. The well-publicized plans described by President Joe Biden regarding a federal executive order requiring many to be vaccinated have led some 茶chers and other school district employees to question whether they can or will be required to get the COVID-19 vaccine to keep their jobs.

The presidential mandate was still in flux at the time this was posted; meetings between Biden and business and government representatives could affect who is covered by the mandate. 目前, 这项规定涵盖了大多数联邦雇员, 联邦承包商, and employees at Medicare- and Medicaid-funded health care facilities. Biden has also ordered the Department of Labor to draft emergency 规则s that would require private employers with over 100 employees to ensure their employees either receive the vaccine or are regularly tested.

关于总统是否有法律授权强制执行这一任务,存在很多争论. 大量司法意见书, 大部分来自20世纪初, 明确联邦政府何时以及如何要求雇主采取具体行动. These opinions have involved many issues we take for granted today, 包括童工, 工作时间, 和安全法律.

联邦政府可以直接或间接地执行雇主命令. 联邦政府何时以及如何拥有直接权力的法律框架太过复杂,在这里无法解释. The most common circumstance is when the matter affects interstate commerce.

The indirect way federal government can practically require employers to take desired action through their ability to require the action as a condition of the receipt of federal funds. 换句话说, the employer is not directly required to follow the federal government’s wishes, 但如果不这样做,它将失去资金. This can be a powerful incentive for an employer dependent on those funds.

关于这项强制措施是否适用于德州的公立学校也存在争议. 该计划有一个特别的条款,适用于联邦资助的启智计划. 授权的大多数, 正如上面所提到的, is applied through Occupational Safety and Health Administration (OSHA) 规则s. 尽管OSHA规定适用于26个州的公共教育,但德克萨斯州不在其中. 因此, it does not appear the mandate as it stands now will apply to the vast majority of 茶chers and other public school district employees in Texas.

在州一级,8月25日,加州政府. Greg Abbott signed the latest COVID-19-related executive order, GA-39, 是什么禁止学区或其他政府机构要求员工接种疫苗.

This latest order expands Abbott’s previous executive order, which applied to vaccines provided under an emergency authorization only. As many are aware, one of the COVID-19 vaccines has received full FDA approval. Abbott’s latest action removes the reference to vaccines provided under an emergency order and now simply states that the COVID-19 vaccine cannot be mandated by a school district. 雅培的最新命令还规定,德克萨斯州立法机构可以通过有关接种疫苗的立法, 如果是的话, 那项行动将取代他的命令.

While the foregoing describes the legal positions taken at the federal and state level specifically related to the COVID-19 pandemic, it is generally understood that an employer can require an employee to be vaccinated if the employer can show there is a “legitimate business necessity”—in other words, a very good reason—for the employer to require vaccinations. It is certainly possible a school district or charter school could determine vaccination is a business necessity because close contact is hard to avoid in public schools. It is unknown whether any districts will argue that Abbott has exceeded his authority regarding vaccinations as some have argued he has regarding mask mandates.

如果一个地区决定这样做, 然而, there would still be exceptions to the vaccination requirement. If an employee can show they either have a sincerely held religious objection to vaccination or have a legitimate health concern (such as an allergy), the employee could likely be exempted from the vaccination requirement.

目前还有些不确定. Abbott’s latest executive order prohibits the question. 一般, 只要有合法的商业理由,雇主可以询问疫苗接种情况. Vaccination affects the likelihood of becoming ill and missing work, 所以这是一个合理的商业理由. 但是GA-38号行政命令指出:

State agencies and political subdivisions shall not adopt or enforce any order, 条例, 政策, 监管. 规则, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual’s vaccination status for any COVID-19 vaccine administered under an emergency use authorization.

再一次, it is unclear whether this applies to the employees of the “political subdivision” (a public school district is a “political subdivision”) or only “customers,” e.g.、家长、学生和访客.

此外,还有另外两点需要注意.

第一个, 地区或任何人, 像一个护士, 代表地区行事, would need to be very careful about asking any follow-up questions about 为什么 一个人可能没有接种疫苗. This could be considered an inquiry into a disability, which could violate the law.

Second, vaccination status is personal health information. 尽管雇主通常会要求雇员与雇主共享个人健康信息, 雇主应该小心不要与没有合法理由的人分享这些信息. This is not much different than your Social Security number. Your district can certainly require you to provide it, but the number must be kept confidential—for instance, your principal would not have a legitimate reason to know it.

如果工作人员的健康状况会使COVID-19等疾病变得特别危险, such as a compromised respiratory system or diabetes, the district could be obligated to consider allowing remote work as a 合理的 accommodation of a disability under the Americans with Disabilities Act (ADA). 然而, as students return to in-person instruction in 2021-22, it will be more difficult to argue that a remote assignment is 合理的.

《bt365游戏平台》是一部非常“以现实为基础”的法律. What is actually going on is very important as it relates to the ADA. 强调这一点的一种方式是,特定的迁就是合理的还是不适当的负担. The ADA requires only that an employer provide "合理的 住宿,如果住宿是“不适当的负担”,雇主也不需要提供住宿.“不断变化的环境(实际发生的情况)会让曾经合理的迁就不再合理. 同样地, 不断变化的环境可能使迁就成为一种不适当的负担,而以前并非如此. 如果发生这种情况, an employer can determine that a remote assignment is not a 合理的 accommodation—even if they agreed that it was last school year.

As school districts return to in-person instruction, they need more staff on campus to meet the needs of additional on-campus students. This means there are fewer remote positions available. The ADA is clear there must be a position available for it to be a 合理的 accommodation and that for an accommodation to be 合理的, an employee must be able to perform all of the job’s essential functions. 而学生们在远程学习, 没有必要提供很多东西, 比如现场监控, that would normally be an essential function to many positions. 但随着学生们返回校园, 这些基本函数也会返回, 这使得许多员工无法在继续远程工作的同时完成所有工作的基本职能.

So, from both angles—whether a remote position continues to be “合理的” and whether continuing it becomes an “undue burden”—districts are likely legally able to phase out remote assignments as they return to in-person instruction. 需要注意的是, 如上所述, 助理检察官会关注实际发生的事情, 因此,一个地区应该能够用非黑即白的语言来解释为什么某个特定的住房不再合理.

 

本网站所提供的法律资料仅作一般用途,并于公布日期时准确无误, 9月20日, 2021. 它不是作为个人法律咨询或提供法律服务的替代品. Accessing this information does not create an attorney-client relationship.