In a recent message to The Episcopal Church, Presiding Bishop Michael Curry encouraged all of us to get the COVID vaccine as a way to live out Jesus’ mandate to “love one another, as I have loved you.” He emphasized the importance of adults getting vaccinated as a way to protect young people for whom a vaccine is not yet freely available.
School leaders are facing many questions regarding vaccines and how best to keep their communities safe. The most common question we receive is, “Can a school require its teachers to be vaccinated?” Although it is a deceptively complex question, the general answer is, “yes,” so long as it is done thoughtfully and in accordance with the law. Initially, it is important to consider how faculty and staff will respond to such a mandate and how it will be communicated. Equally important is seeking legal advice before taking steps in this area. This article will present questions to consider as you navigate the waters of your unique community.
Local and State Law?
As a starting point, one should consider the applicable law for your area. Each state is approaching the vaccine question somewhat differently and you should ensure that you understand the approach in your local area. For example, are there mandates in place requiring certain employees to be vaccinated? In the alternative, are there state regulations that prohibit a business from requiring the same? It is especially important that you determine whether or not these regulations apply specifically to private schools. Your state department of health or board of education can be a resource as you ascertain the local regulations. Finally, if you are a licensed facility, make sure to check in with your licensing regulators as they will sometimes have different expectations from other businesses or schools. It can be overwhelming, but the important thing is to make sure that you fully understand the regulations in place and their applicability to your context.
Diocesan mandate?
In addition, we are seeing more dioceses issue statements regarding their expectations on vaccines. The first step is to determine whether or not your diocese has issued such a statement. If so, the next step is to determine its applicability to your school. Some of the statements refer to Sunday worship while others apply to schools directly. It is important to analyze any statement and ascertain its intent as that will inform your decision making. Feel free to reach out to NAES if you have questions about interpreting any diocesan expectations that have been published.
Accommodations?
Will accommodations be allowed to address religious or disability issues? It is important for a school to establish a policy that specifically addresses its philosophy regarding accommodations. It is recommended that the school carefully communicate and administer its accommodation policy in a way that handles each request in an individualized and confidential manner. The school’s legal counsel can assist in developing such a policy and a procedure as the ADA could be triggered.
Immunizations for students?
Another important consideration will be whether or not your school will require students to receive the COVID vaccine in order to attend. As we see more news about vaccines being approved for emergency use for children and adolescents, school leaders are beginning to explore this question.
While it is very early in the process, it is recommended that a similar approach be used to develop your school’s policy regarding student vaccines. Be aware of local laws and regulations. States are starting to debate whether or not to add the COVID vaccines to the list of required vaccines for school attendance. Depending on your jurisdiction, your school might be able to accept certain waivers and you will want to develop a clear policy regarding how the school will respond to requests for accommodation.
Keeping the community safe is always the highest priority for school leaders. The pandemic has presented challenges the likes of which we have not seen before. However, through thoughtful preparation and appropriate consultation with experts, you can develop an immunization policy that achieves your goals while also staying in compliance with applicable laws and regulations.
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Selected Resources
Presiding Bishop Michael Curry encourages Americans to get vaccinated: “Do this one for the children”
The Episcopal Church COVID-19 Vaccine Toolkit is available here. This toolkit is designed as a compilation of ideas and educational resources to help your local Episcopal organizations work with the government to help end this pandemic. Churches and church leaders (lay and ordained) can serve as important trusted bridges between public health officials and congregations.
Fisher Phillips Vaccine Resource Center
Fisher Phillips continues to prepare resources to aid employers with issues related to the COVID-19 vaccines, including sample policies, how to promote vaccination, employee relations, and guidance on relevant, ever-evolving federal, state, and local laws.
NAES Webinar: The COVID Vaccine Conundrum—To Require or Recommend
Recorded in March 2021. The COVID-19 vaccination presents legal, practical and emotional challenges to already-beleaguered schools. Do the same principles apply to students and employees? Marginalized groups? How does the vaccine affect workforce morale, worker’s compensation claims and employee accommodation requests? Is the vaccine generally-available? Is it safe for children long-term? And then there are confidentiality and liability issues to consider. This webinar will help school leaders weigh all the issues as they formulate their school policy on whether to require or simply recommend the COVID vaccine.