Private Career School COVID-19 Vaccine Information

Background
On August 18, 2021, Governor Inslee announced a new proclamation 21-14.1 requiring all staff working for public and private schools to be vaccinated against COVID-19 or obtain a religious or medical exemption by October 18, 2021. The Workforce Board verified this requirement with the Governor’s office.

Who does the order apply to?
The order applies to all staff, contractors, guest speakers and volunteers working for public or private early learning, K-12, and higher education, including all private career schools.

Will students be required to be vaccinated against COVID-19 to attend school?
Generally, no. At this time, students who are eligible to receive the COVID-19 vaccine are not required to be vaccinated to attend school in-person. Currently schools can decide to be a vaccinated campus or an unvaccinated campus per proclamation 20-12.5 and following the guidance provided in COVID-19 Recommendations for Higher Education. Or if the student is permitted by law to provide health care services in a professional capacity without holding a credential.

What if the student works for the school? Will they be required to be vaccinated against COVID-19?
The exception only applies to students when they are acting as students. If the student engages in work for their school, they are acting as Workers, not as students, and are thus included in the proclamation. As for those who have placements off campus, they are also included, especially in a healthcare setting.

Can a school opt out of this requirement?
No. Requirements issued via executive action by the Governor hold the power of law, and schools must follow the law to stay compliant with their licensing.

Will schools be granted a hardship waiver due to low staffing or other concerns?
Right now, the Governor’s Office is not granting waivers. Still, it might be a good idea to memorialize hardships at your school due to loss of staff, reduced enrollment, etc.

Can an employee opt out if they work remotely?
Generally, all employees must be vaccinated, whether they are working remotely or not (and regardless of state/location). The one exception is for out-of-state employees — if the out-of-state employment contract makes clear that the worker will never, under any circumstances, be required to be present in Washington. In those specific instances, those out-of-state employees are not covered by the order.

How can staff provide proof of vaccination?
All staff members must provide proof of vaccination by showing their vaccine card, certificate of COVID-19 vaccination, or Washington State Immunization Information System printout. Please see the Visual Guide to Official Washington State Proof of COVID-19 Vaccination for more details on allowed types of documentation.

Should the school retain copies of employees’ proof of vaccination?
Each school will need to decide if it is advisable to retain a copy of an employee’s vaccination records based on its business needs. Schools should consider the legal obligations associated with retaining such records, and the security measures and safeguards needed to protect that information. Those obligations are much more serious than other “proof of vaccination” options, such as simply documenting that an employee has shown proof to an appropriate school official. Vaccination information is considered confidential medical information.

Can employees prove their vaccination status through an attestation?
No. Employees must provide proof by showing one of the documents listed in the Visual Guide to Official Washington State Proof of COVID-19 Vaccination.

Will vaccination or exemption information be protected?
Yes. Schools must have protocols in place for safeguarding confidential medical information. Vaccination–and exemption information—are private and protected.

What if an unvaccinated employee is advised to wait to receive a vaccine for medical reasons—such as having contracted COVID-19 and needing to wait 90 days—and this medical advice causes them to miss the October 18 deadline?
If an employee is advised by their medical provider to not get the vaccine within a particular timeframe and following that recommendation would cause the employee to miss the October 18, 2021 deadline, the employee must seek an accommodation. That is, they will need to provide proof of their medical situation (see Vaccine Medical Accommodation Form). Without this proof, they face dismissal after the deadline passes, under state regulations. Note: Those that seek this accommodation will need to become fully vaccinated as soon as the waiting period ends.

When do I need to receive my vaccination to be in compliance with the order?
All school employees must be fully vaccinated by October 18, 2021. Individuals are considered fully vaccinated once it has been 14 days since their last dose of Pfizer or Moderna or 14 days since their only dose of Johnson & Johnson. Below is a table with deadlines by which employees must receive their vaccine.

If I have already been infected with COVID-19, do I need to be vaccinated?
Yes. So far, data show it is uncommon to be reinfected with COVID-19. However, it’s not clear how long that “natural immunity” lasts as people can get COVID-19 more than once. While the antibodies from natural infection do provide some protections, the data shows that the vaccines are much better at protecting against reinfection.

How can I request a disability or religious exemption?
Templates are available on the Workforce Board webpage, but schools are not required to use them if they choose to develop their own. Schools should follow their procedures for protecting personally identifiable information (PII) and do NOT send these forms to the Workforce Board.

Why isn’t there an option for unvaccinated employees to undergo regular testing for COVID-19 instead of receiving the vaccine?
Per the Governor’s order, regular testing for COVID-19 infections will not be a substitute for receiving the vaccine or obtaining an exemption. The Governor’s Office says testing is not effective, or sustainable, citing coronavirus outbreaks at facilities, such as state prisons, that had regular testing requirements in place.