El Paso teacher unions: ADA accommodations not sufficiently considered for school reopenings

El Paso teachers in need of special accommodations for compromising health conditions say they were given too short of a notice before they were required to return to their classrooms.

Emails were sent out on late Tuesday evening, continuing Wednesday and early Thursday morning, reminding teachers to return to their classrooms on Thursday to prepare to resume face-to-face instruction next week, El Paso Federation of Teachers President Ross Moore said. This put some EPISD teachers at risk in the midst of the COVID-19 pandemic, union leaders said.

EPISD notified employees of the district's intention for staff to return to work Jan. 4, EPISD spokesman Gustavo Reveles.

"This email serves as a follow-up to the status of your request for an accommodation. You previously submitted a request to telework as an accommodation, to enable you to perform the essential functions of your position," according to an email sent out an EPISD teacher.

EPISD employees were approved for telework starting in March based on the EPISD At Home virtual instruction program established by the district, the email states.

"Given the change in district and campus operations, in order to meet the essential job functions of your position, you are required to report to your primary work location on January 14, 2021," the email states.

El Paso Teachers Association President Norma De La Rosa said employees were instructed to return to work after Jan. 4 as the school calendar showed, but those on Americans with Disabilities Act (ADA) accommodations reported virtually. De La Rosa said teachers typically apply for ADA accommodations at the beginning of the school year, though they can also apply throughout the year based on their circumstances.

Union leaders said some teachers needed more time to meet the district's expectations for ADA accommodations with regard to on campus instruction.

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Moore said the union received 300 emails and close to 1,000 calls and texts from members concerned about the emails. De La Rosa said she heard from more than 10 members expressing the same concerns, as of Thursday.

Moore said as many as 500 of the union's members will need to appeal with the district for ADA accommodations. El Paso AFT is the largest union in the district, with over 2,725 active members. 

The district advised teachers to contact the human resources department with ADA accommodation requests, which would be handled on a case-by-case basis, Reveles said.

Teachers would need to ask their physicians to contact the human resources department to discuss each individual case before a determination could be made on whether the teacher could teach virtually from home, according to a Facebook post on the El Paso Teachers' Association's page.

The district's HR department is currently reviewing cases and making decisions based on individual needs, Reveles said. However, teachers were told to report to schools in person Thursday morning to prepare their classrooms for school to resume next Tuesday.

A resolution will be put before the district's Board of Trustees on Jan. 19, proposing extending leave to employees in accordance with the Families First Coronavirus Act, Reveles said. 

The Congressional act required some employers to provide paid sick leave or expanded family and medical leave for specified reasons to employees when it was related to the COVID-19 pandemic, but the act expired Dec. 31 and was not extended by Congress. The Act first passed in March 2020.

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Union leaders met with the interim EPISD Superintendent Vince Sheffield and the district's associate superintendent for human resources on Wednesday afternoon to discuss teacher concerns.

Union leaders will meet with the district's central office administration Thursday afternoon to further discuss ADA accommodations, working conditions and salaries, ensuring Personal Protective Equipment (PPE) protocols are in place, ensuring buildings are being sanitized optimally and that there are sufficient supplies for teachers, De La Rosa said.

The Region 19 school safety zone plan for reopening schools, which was approved by all superintendents in El Paso, Hudspeth and Culberson counties last Fall, uses tri-county hospitalization rates to determine how school districts can reopen.

El Paso County is currently in the orange zone and the tri-county hospitalization rate is at 17.52 percent. For this zone, the plan recommends providing on campus instruction to all elementary school students and recommends an overall student capacity of no more than 50 percent.

The waivers school districts requested to reduce in-person instruction last year in response to the pandemic expire Jan. 31. 

"EPISD will follow guidelines for return to campus outlined by the state," Reveles said.

The El Paso Teachers Association is pushing for districts to maintain appropriate sanitization efforts at schools, provide sufficient supplies for teachers' safety and maintain social distancing at schools with no more than 12-14 students per class.

EPISD is working with health agencies to make vaccines available to employees, Reveles said.

"Already nurses and other qualifying employees, based on age and work assignment, have received vaccines and the state vaccination rollout plan does include teachers and other employees on its Phase 1b plan," Reveles said.

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Cristina Carreon can be reached at ccarreon@elpasotimes.com or found on Twitter @Cris_carreon90.