Mask requirements in the face of uncertain disability rights law

Abstract

As schools resume on‐campus instruction, many may require students, faculty, and staff to wear masks or face coverings in public areas, classrooms, and residence halls to help limit the spread of COVID‐19. Inevitably, some students will object to wearing a mask on disability‐related grounds, whether because of respiratory impairments or other physical or psychological impairments. Other students with hearing impairments who rely on lip reading or interpreters may object to instructors and interpreters wearing masks that conceal their faces. Schools must decide how to respond and, as of press time, will have to do so without specific guidance from the Department of Justice or the Office for Civil Rights. Should schools exempt students with disabilities from mask requirements? Should schools obtain clear masks for instructors regardless of cost or availability? Can schools remove students who refuse to wear masks? Without clear guidance, what legal issues are likely to arise?