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Are School Based Essential Workers Exempt From State's Essential Workforce?

Outside of school, people who support our children in performing Activities of Daily Living (ADL) and maintaining or obtaining functionality (Occupational Therapy(OT)/Physical Therapy(PT)/Behavior Therapy(BT), etc.) can continue to provide these services because as essential workers, they are exempt for the stay healthy, stay home initiative. In fact, many of our children are still getting these services in home or clinic settings. If non-school therapists/caregivers have suspended operations, it isn’t because they can’t provide services, it is because they won’t

Similarly, the governor has always left open that school-based services for vulnerable students can be provided in school buildings. For the highest-needs students, the school based essential workforce includes people who support our children in performing ADLs and maintaining or obtaining functionality (OT/PT/BT, etc.). That is, people who do work are classified as essential. It follows that if school therapists/caregivers are no longer providing services set out in IEPs, it is because they won’t, not because they can’t

The arbitrary distinction between services/caregiving needed during a school day and the rest of a day/weekend ignores how much support our children need ALL of the time. It also demeans the heroic efforts of the caregivers and therapists who, in recognition of these needs, have stepped up to continue to do their essential jobs under the present circumstances. 

Please see below Washington State Coronavirus Response (COVID-19) What’s Open What’s Closed Essential Business. Highlighted in green are essential professions that are relevant to the ASD/IDD community:

Essential Workforce

  • Health care providers and caregivers (e.g., physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, midwives and doulas attending facility-based or home-based births, alternative healthcare providers, social workers, speech pathologists and diagnostic and therapeutic technicians and technologists).
  • Behavioral health workers (including mental and substance use disorder) responsible for coordination, outreach, engagement, and treatment to individuals in need of mental health and/or substance use disorder services.
  • Workers who provide support to vulnerable populations to ensure their health and well-being including family care providers.

We're perplexed that with the exception of child care workers, school based health services that are in par with the above highlighted professions are deemed exempt from the essential workforce by the Washington Education Agency(WEA)!

But WEA's position would render meaningless the governor’s proclamations allowing limited school services for vulnerable population to continue. 

If your child with a disability is left without critical components of their education without the supplementary aides and services mandated by their IEP, reach out to your special education director and ask for these services. And please send us a copy of your correspondence: Info@WashingtonAutismAdvocacy.org

You can find more about your student's rights to a free and appropriate public education in the WAAA online Special Education Legal Resources Library.

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