One of the many concerning consequences of the COVID-19 pandemic has been the emergence of “long COVID” — the general term for long-term symptoms and effects experienced by those who have contracted COVID-19.
Just as schools have had to adapt and react to those with acute symptoms of this deadly virus, they must also understand and react to members of the school community experiencing long COVID. The issue has become so pervasive that the United States Department of Education recently issued guidance to schools and families about the intersection of long COVID with federal education laws.
Symptoms and Effects
Long COVID can affect students and staff of all ages, and common symptoms include the following:
• Tiredness or fatigue
• Difficulty thinking or concentrating
• Headache
• Changes in smell or taste
• Dizziness on standing
• Fast-beating or pounding heart
• Worsening symptoms after activities
• Chest or stomach pain
• Difficulty breathing or shortness of breath
• Cough
• Joint or muscle pain
• Mood changes
• Fever
• Pins and needles
• Diarrhea
• Sleep problems
• Changes in period cycle
• Multiorgan effects or autoimmune conditions
• Rash
Legal Obligations for Schools
The primary vehicles for analysis of school obligations pertaining to long COVID are the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (Section 504).
The U.S. Departments of Justice and Health and Human Services have each acknowledged that long COVID can be a disability under the ADA and Section 504. If long COVID symptoms limit a child’s strength, vitality, or alertness significantly enough to affect educational performance, the student may be eligible for initial, additional, or modified special education or related services under the category of Other Health Impairment.
If the student is not eligible under IDEA, the student may require accommodations under Section 504. Due to the range of long COVID symptoms, there are several major life activities that could be impacted by the disease. A student does not need to be substantially limited in their learning to qualify for accommodations under Section 504.
In many ways, schools must continue doing what they have always done to comply with IDEA and Section 504, including initial evaluations and determining the need for specially designed instruction or reasonable accommodations. Long COVID does not uniquely impact these obligations, but it does present a new challenge and set of symptoms which could affect new eligibility or the types of services and accommodations to be offered.
The U.S. Department of Education guidance reiterates that each determination is to be made on an individualized basis, and that a COVID-19 diagnosis or long COVID symptoms do not necessarily mean a student will be eligible for services or accommodations under the IDEA or Section 504.
However, schools must be knowledgeable about these conditions and recognize that students could exhibit qualifying symptoms as early as pre-K all the way through high school. This means long COVID could spur an early intervention evaluation or impact a graduating senior’s need for attendance accommodations. A student may also exhibit anxiety due to long COVID and need specially designed instruction or accommodations to improve academic engagement.
Bottom Line for Schools
COVID-19 appears here to stay, in part due to symptoms associated with long COVID. Schools must be aware of the signs and symptoms of long COVID and be prepared to offer or adjust special education and related services, as well as reasonable accommodations, under the IDEA and Section 504 for students experiencing ongoing symptoms resulting from the COVID-19 virus.
School Law Bullets are a publication of KingSpry’s Education Law Practice Group. This article is meant to be informational and does not constitute legal advice.
