Wellness

Regulation 275-2

Update to Emergency Face Covering Requirements
 

Virginia law requires that, to the maximum extent practicable, school divisions offering in-person instruction adhere to any currently applicable mitigation strategies that have been provided by the federal Centers for Disease Control and Prevention (CDC) to reduce the transmission of COVID-19 for early childhood care and education programs, and elementary and secondary schools.

As of January 13, 2022, the CDC recommends universal indoor masking by all students (ages 2 years and older), staff, teachers, and visitors to K-12 schools, regardless of vaccination status. Federal law also requires masking be in effect for all Head Start Programs and on all public transportation, including transportation offered by school divisions for students.

This Regulation shall be in effect until revised or rescinded to reflect changes in state or federal law, or CDC guidance.

1. Definition of Mask
   1. A mask is a face covering that covers your nose and mouth (hereinafter, mask or face covering). The CDC provides the following guidance on effective masks.
      1. Have two or more layers of washable, breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source); and
      2. Completely cover your nose and mouth; and
      3. Fits snugly against the sides of your face and don’t have gaps; and
      4. Have a nose wire to prevent air from leaking out of the top of the mask; and
      5. If using neck gaiter or a fabric face covering, wear a gaiter with two layers, or fold it to make two layers; and
      6. Be a solid piece of material without slits, exhalation valves, visible holes, punctures, or other openings.
   2. Persons wearing a mask with an exhalation valve or vent will be asked to utilize a disposable mask provided at no charge.
2. Exemptions
   1. Medical Conditions or Disabilities that Prohibit Wearing a Mask.
      1. Employees who are unable to wear a face covering because of a medical condition or disability, as verified by a physician, may submit a medical exemption request through the PWCS Department of Human Resources. In conformance with applicable state and federal laws, such employees shall be provided with such reasonable accommodations as are available, including other types of personal protective equipment (PPE), as will permit them to perform their essential job functions.
      2. Students may be exempt from the requirement to mask due to a medical condition or disability which prevents them from safely wearing a mask when proper medical documentation from a health care professional is provided to the Office of Student Services, using Attachment I to this regulation. Parents may also contact the school principal or designee to request the exemption form.
      3. Students receiving or eligible for special education services or a 504 Plan may also be exempted from these requirements due to special behavioral or individualized needs, as determined by the school principal or designee, in consultation with the Associate Superintendent for Special Education and Student Services.
   2. Sincerely Held Religious Objections.
      
      Employees, students, or visitors who object to wearing a mask/face covering based on a sincerely held religious belief may also seek a reasonable accommodation to the requirements of this regulation. Student requests should be directed to the PWCS Office of Student Services on Attachment II, which will review the request and determine, in conjunction with the school what reasonable accommodations are available. Employee requests should be directed to the Department of Human Resources which will determine what, if any, reasonable accommodations are available to allow the employee to perform his/her essential job functions. Schools may accommodate visitors with a religious objection by providing communications with staff, students, or school visits electronically and/or outside the school building or taking such other reasonable measures as are needed to limit the physical presence of unmasked visitors in the school.
3. Face Coverings in PWCS Buildings Other than Schools
   
   All individuals, regardless of vaccination status, are required to wear a face covering when in common areas, group settings, or in the presence of others, subject to any medical or religious exemption granted as provided above. Masks also may be removed temporarily when eating or drinking, when exercising, when playing musical instruments if wearing a mask would inhibit the playing of the instrument, so long as six feet of distancing may be maintained, or when the mouth must be visible to communicate with a person who is deaf or hard of hearing.
4. Emergency Situations
   
   Principals or their designees may provide temporary relief to masked students, staff, or visitors in emergency situations who are having trouble breathing while wearing a mask, or who are unconscious, incapacitated, or otherwise unable to remove the mask without assistance. Such persons shall be removed from the school building and/or isolated from other persons until such time as medical treatment can be provided.
5. Enforcement of Non-Compliance
   1. All students aged two and over, staff, and visitors will be provided a face covering, at no expense, if they do not have one available, including when boarding a bus.
   2. PWCS employees refusing to wear a proper face covering, without a qualifying medical condition or disability or approved religious exemption, will be warned. Per Regulation 503-1, “Standards of Professional Conduct for all Employees,” repeated refusal will lead to further discipline up to, and including, dismissal.
   3. Students refusing to wear a proper face covering who do not meet the exemption criteria will be addressed by the school administration and schools will include the following progressive steps:
      1. The student may be removed from class as authorized by the Virginia Code and Policy 702, “Teacher Removal of Students from Class,” and provided with an opportunity to use a school-provided face covering or adjust the proper wearing of the face covering (to cover nose and mouth). The student shall be educated on the importance of wearing a face covering.
      2. A warning and notice shall be provided to the parent/guardian regarding non-compliance.
      3. In egregious and reoccurring instances disciplinary action may also be taken under the PWCS “Code of Behavior,” Policy 701, and Regulation 701-1, “Code of Behavior.”
   4. Visitors in non-compliance will be asked to wear a proper face covering or be provided one at no expense. Refusal may result in removal or barred entry to the PWCS facility. Repeated offenses may result in further action, including but not limited to issuance of a no-trespass letter prohibiting the offender from further access to PWCS property.

The Associate Superintendent for Special Education and Student Services and designees are responsible for implementing and monitoring this regulation.

This regulation and related policy shall be reviewed at least every five years and revised as needed.