COVID-19 FAQ for Educators Returning to In-Person Instruction

(Prepared by the NCAE Advocacy Center)

North Carolina public schools have returned to in-person instruction and educators are navigating through prevention and exposure to the Coronavirus Disease 2019 (COVID-19). Unfortunately, some districts have had outbreaks and our educators across the state are concerned about their safety as well as their students’ safety. Educators are contacting the Advocacy Center with questions and concerns about COVID-19 procedures and requirements from the districts. Below are the most Frequently Asked Questions and concerns.

1. Can parents sue an unvaccinated teacher if a student contracts COVID-19 from the teacher?

Yes, a parent may sue, HOWEVER, they will have to prove that the teacher intentionally or negligently transmitted the disease, and but for the teacher’s negligence, their child would not have contracted COVID-19. In a pandemic, it is extremely difficult for a plaintiff to prove negligence, especially in the case of a teacher who may not have known that they had the virus to begin with. Furthermore, educational institutions have temporary immunity from civil liability regarding COVID-19 contraction claims unless there is gross negligence. In most cases, the district should defend teachers against COVID-19 contraction claims if the teacher is following the district’s COVID-19 guidelines and procedures.

2. Can the district ask educators for proof of COVID-19 vaccination?

Yes. The district can ask for proof of COVID-19 vaccination as they have a legitimate business reason for the request: the health and safety of staff and students. However, the district should not make a medical inquiry like asking an employee why they did not get vaccinated. Such inquiries may lead to the provision of disability-related information, and be against the law, under the Americans with Disabilities Act (ADA).

3. Can the district mandate COVID-19 vaccinations for educators?

Generally, yes. The district can require educators to be vaccinated but they must comply with the ADA’s provision of a reasonable accommodation to qualified employees regarding their mandate. Therefore, if an educator has been advised by their physician that they should not take the vaccine due to a pre-existing medical condition, the educator can request an accommodation to not comply with the mandate. The district is required to consider the request and provide a reasonable accommodation, unless doing so will cause an undue hardship to the district.

Also, an educator with a sincerely held religious belief may be exempt from complying with a vaccine mandate. Like educators requesting a reasonable accommodation, as discussed above, an educator with a sincerely held religious belief and seeking an exemption will be considered by the district. The exemption may be provided, unless doing so will cause an undue hardship to the district.

Issues with the mandate should be raised with your immediate supervisor or the Human Resources Department.

4. If I am unvaccinated, can the district require that I submit to COVID-19 testing?

Yes. The Equal Employment Opportunity Commission’s guidance states that employers (district) can request that employees (educators) take a COVID-19 test if it is job-related and consistent with business needs. With the highly contagious COVID-19 Delta variant, and the number of outbreaks and temporary school closures resulting from the virus, the district has sufficient reason to support a request. If you have a medical reason why you should not submit to testing, request that your physician provides documentation of such, and submit it to the Human Resources Department for consideration.

5. If I am required to quarantine, do I have to use my personal leave?

It depends. You may be eligible for leave under the Contagious Disease Policy (CDP). If the district and/or your physician is requiring you to quarantine to protect the health and safety of others, speak to your Human Resources Department and request leave under the CDP.

Members are urged to review the district’s COVID-19 policies and procedures to ensure compliance and avoid health concerns or violations that could result in discipline. If you have questions or concerns about policies, feel free to contact the Advocacy Center for assistance, www.askncae.org or 1-855-275-6223.