After several miscarriages over the last few years, Joy Tucker is finally pregnant with her third child at the age of 37.
A school counselor at the Houston-based Windmill Lakes campus at the International Leadership of Texas charter school, Tucker talked to her doctor about the risks she and her child would face if she were to contract COVID-19 from students or other employees. The U.S. Centers for Disease Control and Prevention that pregnant people may be at an increased risk of severe COVID-19 illness, or even preterm birth. At her doctor鈥檚 recommendation, Tucker turned in a note asking her school if she could work remotely.
School leaders denied that request, saying she would have to return to work in person in September. If not, Tucker would have to use the rest of her paid leave to remain home, leaving her no time to recover after the baby鈥檚 birth. Her options quickly dwindling and her baby due in January, Tucker lawyered up and filed a grievance with the school district.
鈥淚 want nothing more than to go back to work and be with my kids,鈥� said Tucker, who chose to use paid leave instead of returning in September. 鈥淚f I have to choose between mine and my baby鈥檚 life, or going to work in a situation where we could get sick or we could die, there鈥檚 no choice to make 鈥� I have to stay home.鈥�
Caitlin Madison, a spokesperson for the charter school, declined to comment on Tucker鈥檚 case but said, 鈥渟ince this school year started, the ILTexas policy has been that if we have students on campus, then we need to have our employees on campus as well.鈥� About 28% of students in the district have chosen to return to campus.
鈥淭he only work-from-home exception for campus staff has been if they are sick with COVID or were potentially exposed to COVID and require a 14-day quarantine,鈥� she added.
International Leadership of Texas is one of a number of Texas schools denying some teachers鈥� requests to work from home, as they balance staffing against often-fluctuating student enrollment. Federal disability law allows employees to ask their bosses for reasonable accommodations, such as temporary schedule changes, shift changes or working remotely, if an illness puts them at higher risk for COVID-19.
School districts unless they would pose an 鈥渦ndue hardship,鈥� including costing too much or impeding their ability to run the school. With Texas largely requiring school districts to bring back all students who want to return, administrators like those at International Leadership of Texas argue they cannot run their school campuses properly if too many teachers stay at home. More than 2 million of 5.5 million Texas students were attending school in person as of late September, according to a , an increase from 1 million earlier this fall.
Experts say that school districts should layer safety requirements such as masks, social distancing and sanitizing to keep COVID-19 from spreading. In other countries, transmission in schools has been extremely low. But few of those countries had the same level of uncontrolled community spread as Texas, which has failed to contain the virus in many regions and is seeing . State data on transmission in public schools shows almost 6,500 teachers reported positive COVID-19 cases, but the .
Given the unclear picture of COVID-19鈥檚 spread in Texas schools, are unfairly expecting them to put their lives in danger, in some cases requiring all staff to return to campuses even when most students have chosen virtual learning. Texas teachers have , given the state鈥檚 strict labor laws: Any teachers who strike could be stripped of their jobs, teaching certificates and pension benefits.
鈥淵ou don鈥檛 need to be in an office to do your job,鈥� said Tony Conners, who is representing Tucker and has exclusively represented teachers for more than 30 years. 鈥淪ince spring break, when COVID-19 hit, everyone was working from home and [school districts] were taking the money from the government and they were telling the communities and parents that they were being well served.鈥�
Conners said he鈥檚 heard from more teachers than ever before wanting counsel on how to get accommodations to stay home. The toughest cases, he said, are in charter schools and suburban districts. By law the process is individualized, requiring school leaders to talk with employees about how to meet their needs.
But districts do not have to hire new staff or create new positions to accommodate someone under the law, said Joy Baskin, director of legal services for the Texas Association of School Boards. 鈥淚f more than half of students are coming back, you have to create social distancing in the physical environment, which may mean you need smaller class sizes and therefore you need all hands on deck,鈥� she said. 鈥淎 lot of districts responded to that by saying, 鈥榃e don鈥檛 have remote-only positions.鈥欌��
Even districts currently providing teachers with accommodations cannot guarantee them for the entire year, since many are allowing parents to decide each marking period whether to enroll their students in virtual or in-person education.
鈥淚f we can provide some of those accommodations without creating a hardship on a campus where they wouldn鈥檛 be able to serve their students safely, then I wanted to be able to proudly say that we had valued both students and staff,鈥� said Austin Independent School District Superintendent Stephanie Elizalde.
About 700 of 5,000 total Austin ISD teachers have received permission to work virtually at least through December. But as more students return in person, 鈥渨e will be challenged to keep all of those accommodations for a long time 鈥�... There is of course fine print that says, if it becomes necessary to rescind the approval for school student needs, then we would have to do so,鈥� she said.
Some teachers have already had that rug pulled out from under them. In August, Gina Morreale, an Eanes ISD middle school history teacher, was approved to work remotely after turning in a note from her doctor explaining her chronic bronchitis and susceptibility to pneumonia. She even got an email from administrators asking her not to come on campus to do her work sponsoring the cheerleading team. Lean on the cheer moms, she was told.
A month later, Eanes administrators decided to bring back all students who wanted to come in person, instead of phasing them in slowly. Unfortunately for Morreale, that meant also bringing all staff back to campus.
鈥淭his can鈥檛 apply to me,鈥� she remembers thinking. 鈥淢aybe this applies to someone who is in a walking boot 鈥� someone that wasn鈥檛 high risk.鈥� She started to think through her options 鈥� Could she quit and move in with her parents? Did she need to look for a new job?
She asked her doctor for another letter with more detail, and said she is still working with district leaders, hoping they can agree on an accommodation.
Eanes ISD was forced to call its staff back to ensure there were enough personnel, said spokesperson Claudia McWhorter. The human resources department is working with concerned educators on a case-by-case basis. 鈥淓ven when we were at 25% capacity, our campuses were short-staffed; some campuses have been forced to have an all-hands approach and even have principals serving as teachers in classrooms,鈥� McWhorter said in an email. 鈥淪imply put: with more students returning, we need staff in the buildings.鈥�
For now, Morreale has been able to work remotely, but she鈥檚 not sure how long the district will allow it.
鈥淚 hope I can until it is safe for me,鈥� she said.
Administrators that deny teachers' requests to stay at home are offering other options. Baskin said the school board association is training human resources directors to get creative in thinking about accommodations that could help teachers with health risks safely work from school buildings. That might mean offering a more remote office away from students and teachers or extra safety equipment.
Six years after finishing multiple rounds of chemotherapy for breast cancer, Pasadena ISD high school English teacher Elizabeth Alanis asked if she could work from home. Her white blood cell count, which determines the health of her immune system, still yo-yos every several months.
To her horror, after a conversation with school leaders, she received a letter denying her request to stay home long term. The district instead offered to minimize her direct contact with students, provide her with plexiglass dividers and protective equipment, set up student desk shields or move her classroom to an external portable building so she didn鈥檛 have to pass many people in the halls.
鈥淵our job duties and responsibilities require your physical presence on campus as of September 8, 2020,鈥� they wrote in a letter Alanis provided to The Texas Tribune. 鈥淐onsequently, the District does not believe allowing you to telework after the short-term program has ended and after students have returned to campus, is a reasonable accommodation based on your job duties and responsibilities as a classroom teacher.鈥�
According to the district, she is one of 59 teachers who have formally requested to work from home through the federal disability accommodations process, of about 3,700 teachers total. None of them were allowed to work from home past Sept. 8, when students returned to campus. 鈥淧asadena ISD must provide students attending in-person instruction with a safe, supervised school/campus environment, and that effort is supported by all of our staff being physically present,鈥� said Arturo Del Barrio, spokesperson for Pasadena ISD. The percentage of students on campus is gradually increasing, from about 40% in September to almost half by mid-October.
Alanis used her personal leave days to remain at home until mid-October, but decided to return Tuesday, unable to afford unpaid leave for months. 鈥淚've spoken to my oncologist on this matter and he knows it's a tough place to be in. My white blood cell count is still low, so that just means I'll have to take extra precautions,鈥� she said. 鈥淚 am going to invest in a medical grade mask and I am going to also invest in an air purifier with a UV light.鈥�
Sitting out of classes for even part of a semester is heartbreaking for Alanis, who has been a teacher for 16 years, most of them in Pasadena ISD. 鈥淭here鈥檚 not much they can take from me at this point. They鈥檝e already kind of taken who I am,鈥� she said, her voice over the phone showing she was close to tears. 鈥淚鈥檝e had such huge ties to my students, to my community. And oh my God, I love those kids.鈥�