POTOMAC, Md. — Montgomery County Public School (MCPS) teachers and staff have been busy this week setting up their classrooms and workspaces as they prepare for students' return to school on Monday, March 15.
The flurry of activity is not just teachers and staff moving things into the school. One MCPS teacher of five years is moving her belongings out of Beverly Farms Elementary School in Potomac, Md.
"I want to stay alive. I've buried many family members," said MCPS special education teacher Ashley Johnson, fighting back tears."I sang at my grandfather's funeral remotely. I just want to stay alive."
Johnson is among nearly 3,000 MCPS teachers who qualified for accommodations under the Americans with Disabilities Act (ADA). However, MCPS is not allowing Johnson to continue to telework citing the "essential functions" of her position.
Johnson applied for ADA accommodations based upon two different things. First, she is a single mother and sole caregiver to a severely autistic 15-year-old son. Secondly, she cited a number of health factors that put her at greater risk of COVID-19 complications.
She's expected back at school on Monday. She has chosen to go on unpaid leave from MCPS.
"I'm more or less having to choose between keeping a roof over my head and staying alive," said Johnson.
In an email exchange with MCPS, that WUSA9 has reviewed, the school system admits Ashley is eligible for ADA accommodations, but based upon "the essential functions of your position, your request to telework cannot be approved," read the email, in part.
"For me, unfortunately, my solution is to be unemployed," said Johnson.
Ahead of the return to in-person instruction, MCPS told WUSA9 Anchor Adam Longo that 4,444 employees applied for ADA accommodations. Out of the applications, only 2,939 qualified and are receiving accommodations. Meaning 1,505 did not qualify.
For reference, 160 MCPS employees applied for ADA accommodations in 2019, prior to the coronavirus pandemic, according to MCPS.
In an email, MCPS spokesperson Gboyinde Onijala said the school system "strives to provide other reasonable accommodations -- especially when an employee technically isn't qualified for an ADA accommodation."
But again, Johnson did qualify for an ADA accommodation.
"The ADA never requires an employer to eliminate an essential function as an accommodation for an individual with a disability," said Onijala in an email.
"How am I going to pay my rent. How am I going to maintain health insurance? How am I going to keep food in my child's stomach?" Johnson asks. "I've considered trying to convince my father to let me move back in with him in Atlanta."
Johnson is appealing the decision that denied her continued telework. But, she said she's not optimistic that'll change the outcome.
Here is the full statement provided to WUSA9 by MCPS spokesperson Gboyinde Onijala:
The ADA process is an individualized process and MCPS fully engages with employees in this interactive process to identify reasonable accommodations and put appropriate safety measures in place to reduce the risk of COVID-19 exposure. Any time an MCPS employee requests an ADA accommodation, we strive to understand the disability-related limitation that necessitates the accommodation. Each request for accommodation is reviewed on an individualized case-by-case basis. If there is no disability-related limitation that requires teleworking, then MCPS does not have to provide telework as an accommodation. If there is a disability-related limitation but the district can effectively address the need with another form of reasonable accommodation at the workplace, then MCPS can choose that alternative to telework. The ADA never requires an employer to eliminate an essential function as an accommodation for an individual with a disability. Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. If a specific request for telework is not granted, all employees are provided an opportunity to engage in the interactive process to determine alternative reasonable accommodations. They can also appeal the decision. Reasonable accommodations in lieu of telework may include, but are not limited to, physical distancing; Personal Protective Equipment (PPE); enhanced PPE for special programs; and enhanced cleaning protocols. MCPS’ ADA process is aligned with all federal and state laws.