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5.020 COVID-19 VACCINATION REGULATIONS IN COMPLIANCE WITH EXECUTIVE ORDER NO. 13G

5.020 COVID-19 VACCINATION REGULATIONS IN COMPLIANCE WITH EXECUTIVE ORDER NO. 13G

BACKGROUND

On September 10, 2021, Governor Lamont issued Executive Order 13G (“Protection of Public Health and Safety During COVID-19 Pandemic — Vaccinations Required for State Employees, School Employees and Childcare Facility Staff”) (“Order 13G”) requiring covered workers in a public or non-public pre-K to grade 12 school to be vaccinated against COVID-19 or, if not vaccinated, to submit to weekly COVID-19 testing. On August 25, 2021, the Connecticut State Department of Education issued “Frequently Asked Questions Regarding Vaccinations for Covered Workers in Schools” (the “CSDE FAQ”) to provide clarification regarding the application of the previous Order 13D (Revised Executive Order 13G) in Connecticut schools. These regulations are issued to ensure compliance by Cooperative Educational Services (C.E.S.) with all applicable laws and regulations, including, but not limited to Order 13 and the CSDE FAQ.

DEFINITIONS.
For purposes of these regulations, the following definitions shall apply:

“Covered worker” refers to all employees, both full and part-time, contractors, providers, assistants, substitutes, and other individuals working in the District, including individuals providing operational or custodial services or administrative support or any person whose job duties require them to make regular or frequent visits to District schools. Covered worker does not include a contractor or employee of an outside vendor who visits a District school only to provide one-time or limited-duration repairs, services, or construction, or a volunteer.

“Employee” refers to individuals who are on the District’s payroll and excludes independent contractors or employees of an outside contractor or vendor.

“Contractor” refers to outside contractors, outside vendors, and individual workers (e.g., independent contractors) who are not on the District’s payroll, excluding a contractor who visits a District school only to provide one-time or limited-duration repairs, services, or construction, or a volunteer.

“Contractor employees” refers to the employees of contractors, excluding employees of contractors who visit a District school only to provide one-time or limited-duration repairs, services, or construction, or a volunteer.

“Fully vaccinated” means at least 14 days have elapsed since a person has received the final dose of a vaccine approved for use against COVID-19 by the U.S. Food and Drug Administration, or as otherwise defined by the Centers for Disease Control.


COVID-19 VACCINATION REQUIRED.
Subject to exemptions allowed by law as described below, COVID-19 vaccines shall be required as provided below.

1. On or before September 27, 2021, the District will, prior to extending an offer of employment to, or entering into a contract for the in-person services of, a covered worker or an entity that employs a covered worker, require that any covered worker (a) is fully vaccinated against COVID-19, (b) has received the first dose and has either received a second dose or has an appointment for the second dose in a two-dose series vaccination, such as Pfizer or Moderna vaccines, or has received a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine, (c) is exempt from this requirement because a physician, physician’s assistant, or advanced practice registered nurse determined that the administration of COVID-19 vaccine is likely to be detrimental to the covered worker’s health, or the covered worker objects to vaccination on the basis of a sincerely held religious or spiritual belief, and the covered worker is able to perform their essential job functions with a reasonable accommodation that is
not an undue burden on the District; provided that any employee claiming such exemption shall apply for an exemption due to medical conditions or sincerely held religious or spiritual beliefs. Each employee request for an exemption will be considered on an individualized, case-by-case basis. Employees who have applied for an exemption must provide appropriate supporting documentation upon request.

2. After September 27, 2021, the District will not employ, or maintain a contract for the provision of in-person services of, any covered worker or an entity that employs a covered worker, unless such covered worker (a) is fully vaccinated against COVID-19, (b) has received the first dose and has either received a second dose or has an appointment for the second dose in a two-dose series vaccination, such as Pfizer or Moderna vaccines, or has received a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine, or (c) is exempt from this requirement because a physician, physician’s assistant, or advanced practice registered nurse determined that the administration of COVID-19 vaccine is likely to be detrimental to the covered worker’s health, or the individual objects to vaccination on the basis of a sincerely held religious or spiritual belief, and the covered worker is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the District; provided that any employee claiming such exemption shall apply for an exemption due to medical conditions or sincerely held religious or spiritual beliefs. Each employee request for an exemption will be considered on an individualized, case-by-case basis. Employees who have applied for an exemption must provide appropriate supporting documentation upon request.

3. After September 27, 2021, unless otherwise permitted by law or under these regulations, the District will not employ, or contract for the provision of services from, any covered worker or entity that employs a covered worker subject to paragraphs (1) or (2) above and is not exempt who has received the first dose of a two-dose series vaccination but fails to receive the second dose on the appropriate date as recommended by CDC or at the scheduled appointment without good cause.

PROOF OF COVID-19 VACCINATION REQUIRED.
Subject to exemptions allowed by law and unless otherwise permitted by law or under these regulations as described below, proof of COVID-19 vaccination status shall be required as provided below.

1. The District will authenticate, or where applicable require that the contractor providing the services of a covered worker authenticate, the vaccination status of covered workers, maintain documentation of vaccination or exemption of such covered workers, and report compliance with Order 13D in a form and manner directed by the Department of Public Health without adoption of such requirements by regulation in accordance with Chapter 54 of the Connecticut General Statutes.
2. To comply with paragraph (1) above, all employees who are fully vaccinated are required to submit proof of COVID-19 vaccination to:

Christopher LaBelle
Associate Executive Director
203 365-8828
labellec@cestrumbull.org

Proof of COVID-19 vaccination status may be provided by completing the C.E.S. Vaccination Survey and uploading your vaccination card OR by emailing such proof to labellec@cestrumbull.org. Other methods of delivering proof of vaccination status are available upon request.
Acceptable forms vaccination proof include:
● A CDC COVID-19 Vaccination Record Card, or photo of the Card.
● Documentation from a health care provider or electronic health care record.
● A State Immunization Information record.

Personal attestations are not acceptable as proof of vaccination status.

Employees must not include any additional medical or genetic information with proof of vaccination.

3. The District reserves the right to authenticate a Vaccination Record Card in a manner consistent with any binding standards issued by the Commissioner of Public Health for authentication of a Vaccination Record Card.

EXEMPTIONS FROM THE COVID-19 VACCINATION REQUIREMENT.

Exemptions from the COVID-19 vaccination requirement under Order 13G may be permitted as provided below.

1. Medical Exemptions. Employees may be granted an exemption because a physician, physician’s assistant, or advanced practice registered nurse determined that the administration of the COVID-19 vaccine is likely to be detrimental to the employee’s health, and the employee is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the District. Any employee claiming such exemption must apply for an exemption due to medical conditions. Each employee request for an exemption will be considered on an individualized, case by case basis. Employees who have applied for an exemption must provide appropriate supporting documentation upon request.
2. Religious/Spiritual Belief Exemptions. Employees may be granted an exemption because the employee objects to vaccination on the basis of a sincerely held religious or spiritual belief, and the employee is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the District. Any employee claiming such exemption shall apply for an exemption due to sincerely held religious or spiritual beliefs. Each employee request for an exemption will be considered on an individualized, case by case basis. Employees who have applied for an exemption must provide appropriate supporting documentation upon request.

EXEMPTION REQUEST PROCESS.
Exemptions from the COVID-19 vaccination requirement under Order 13G will be processed as described below.
1. Employees wishing to request an exemption from the COVID-19 vaccination requirement under Order 13G must complete one of the request forms noted below by September 20, 2021 The District will promptly review any such request to determine whether additional supporting documentation is needed and the availability of any reasonable accommodations.
2. Employees providing in-person services after September 20, 2021 will be notified of these regulations in conjunction with receiving an offer of employment and must comply with these regulations. Employees must submit any request for exemption upon acceptance of the employment offer. Employees who fail to meet these deadlines may be subject to an unpaid leave of absence or termination of employment.
3. Medical Exemptions. Employees seeking an exemption due to medical conditions must complete the form entitled, “Request for Accommodation: Medical Exemption from Vaccination,” and submit it via email to:
Christopher LaBelle
Associate Executive Director
203 365-8828
labellec@cestrumbull.org
4. Religious/Spiritual Belief Exemptions. Employees seeking an exemption on the basis of a sincerely held religious or spiritual belief must complete the form entitled, “Request for Accommodation: Religious/Spiritual Belief Exemption from Vaccination,” and submit it via email to:
Christopher LaBelle
Associate Executive Director
203 365-8828
labellec@cestrumbull.org
5. Accommodation forms appear at the end of these regulations as Appendix A and Appendix B and may also be obtained from Christopher LaBelle. Any employee claiming an exemption must apply for an exemption. Each request for an exemption will be considered on an individualized, case-by-case basis. Employees who have applied for an exemption must provide appropriate supporting documentation upon request. The District is not required to provide accommodations, including but not limited to an exemption from the COVID-19 vaccination requirement, if doing so would pose a direct threat to the health or safety of others in the workplace and/or the requesting employee or would create an undue burden on the District.
6. Employees who submit a request for exemption and accommodation will be contacted by the appropriate District administrator (the “Administration”) to engage in an interactive process to determine eligibility for vaccination exemption and accommodation and discuss the availability of reasonable accommodations that may permit the employee to perform their essential job functions without posing a direct threat to the health or safety of others in the workplace and/or to the requesting employee, and without creating an undue burden on the District.
The Administration will communicate directly with the requesting employee regarding any additional information that may be necessary in order for the Administration to make such determinations.

REFUSAL TO RECEIVE A COVID-19 VACCINATION.

1. Employees who refuse to receive a COVID-19 vaccination and who either do not seek or do not receive a medical or religious/spiritual belief exemption from the COVID-19 vaccination requirement under Order 13G must so notify the Administration by September 20, 2021 by sending an email to:
Christopher LaBelle
Associate Executive Director
203 365-8828
labellec@cestrumbull.org
2. Employees who submit notification of a refusal to receive a COVID-19 vaccination will be contacted by the Administration with information regarding District requirements for employees refusing vaccination. Such requirements will include weekly COVID-19 testing, as described below, and may include, but are not limited to, the following: wearing a face mask regardless of whether there is a state- or municipal -imposed mask mandate, working at a social distance from coworkers and students, working a modified shift, accepting a reassignment, participating in contact tracing, quarantining, and/or abiding by restricted access to facilities.

WEEKLY COVID-19 TESTING OF EMPLOYEES WHO ARE NOT FULLY VACCINATED REQUIRED.
Weekly COVID-19 testing status shall be required as provided below.
1. Beginning on September 27, 2021, the following employees must submit to COVID-19 testing one time per week on an ongoing basis and provide adequate proof of the test results on a weekly basis to the District:
a. Employees who have not demonstrated proof of full vaccination (14 days beyond second shot or single dose vaccine), until such time as proof of full vaccination is provided.
b. Employees who have received only the first dose of a two-dose series vaccination, such as Pfizer or Moderna vaccines, until such time as the
employee is fully vaccinated and provides proof of such full vaccination.
c. Employees who are granted a medical or religious/spiritual belief exemption from the COVID-19 vaccination requirement under Order 13G.
d. Employees who refuse to receive a COVID-19 vaccination.

2. Proof of COVID-19 test results must be provided via email to:
Christopher LaBelle
Associate Executive Director
203 365-8828
labellec@cestrumbull.org
Other methods of delivering COVID-19 test results are available upon request.
3. Weekly COVID-19 testing is required for all unvaccinated employees. The Department of Public Health, in accordance with Executive Order 13G, has clarified that home COVID-19 testing kits are not allowable to meet the testing requirement. In addition to such testing requirement, the District may require unvaccinated employees entering the workplace to follow certain health and safety precautions as communicated to the employee by the District, and to take certain other measures as a reasonable accommodation, subject to the requirements of the interactive process, which may include, but are not limited to, the following: wearing a face mask regardless of whether there is a state- or municipal-imposed mask mandate, working at a social distance from coworkers and students, working a modified shift, accepting a reassignment, participating in contact tracing, quarantining, and/or abiding by restricted access to facilities.

CONFIDENTIALITY.

Information pertaining to COVID-19 vaccination status, exemptions from the COVID-19 vaccination requirement under Order 13G, any reasonable accommodations in place, and COVID-19 test results will be restricted to personnel at the District with a need to know.
Medical information maintained by the District will be maintained confidentially in a location separate from personnel files.

REQUIREMENTS PERTAINING TO CONTRACTORS AND CONTRACTOR EMPLOYEES.
Contractors must comply with these regulations as provided below.
1. Contractors must comply, and must cause contractor employees to comply (as applicable), with these regulations.
2. Contractors shall have sole responsibility for ensuring compliance with these regulations by contractor employees, including, but not limited to, responsibility for collecting proof of COVID-19 vaccination status, authenticating such proof as necessary and/or required, processing requests for medical and religious/spiritual belief exemptions from the COVID-19 vaccination requirement under Order 13D, and collecting COVID-19 test results, as applicable.
3. Contractors and contractor employees who refuse to receive a COVID-19 vaccination without a medical or religious/spiritual belief exemption from the COVID-19 vaccination requirement under Order 13D shall be considered non- compliant with these regulations and subject to the penalties described in Paragraph 5 below.
4. Contractors must certify compliance with these regulations in a manner prescribed by the District.
5. Failure of any contractor or contractor employee to comply with these regulations may result in exclusion from District facilities and/or school premises and/or termination or suspension of contracts for services.

ADMINISTRATION OF THESE REGULATIONS.
Questions

For questions about the implementation of these regulations, please direct your inquiries to Christopher LaBelle, Associate Executive Director.

Violations of these Regulations

Employees who fail to comply with these regulations will be subject to disciplinary action, up to and including termination of employment.

Employees who are exempt from vaccination who do not abide by the reasonable accommodations and safety protocols established for unvaccinated individuals, including, but not limited to, the weekly COVID-19 testing requirement, will be subject to discipline, up to and including termination of employment, and will not be allowed in District facilities or on school premises.

Covered workers other than employees who fail to comply with these regulations may be excluded from District facilities and/or school premises, and/or may have contracts for services suspended or terminated.

Modification of these Regulations
Government and public health laws/regulations (including, but not limited to, Order 13G), guidelines, restrictions, and practices regarding COVID-19 are changing rapidly as new information becomes available. The Council grants the right to interpret the provisions of this policy and to modify any or all matters contained in this policy at any time, subject to applicable law, to the Executive Director. The Executive Director reserves the right to modify and/or repeal these regulations at any time to adapt to changing laws, regulations, circumstances, and/or Agency needs, consistent with all applicable laws, regulations, and collective bargaining obligations.

Non-Retaliation
The District prohibits any form of discipline, reprisal, intimidation, or retaliation for reporting a violation of these regulations or any other health and safety concern, or for requesting and/or receiving an exemption to the COVID-19 vaccination requirement under Order 13G and reasonable accommodations pursuant to these regulations.

APPENDIX A

REQUEST FOR ACCOMMODATION: MEDICAL EXEMPTION FROM VACCINATION

IN COMPLIANCE WITH EXECUTIVE ORDER NO. 13G

(“Protection of Public Health and Safety During COVID-19 Pandemic — Vaccinations Required for State Employees, School Employees and Childcare Facility Staff”)

To request an exemption from the COVID-19 vaccination requirement under Executive Order No. 13G (“Order 13G”), please complete Section 1 below and have your medical provider(s) complete Section 2 before returning this form via email to:

Christopher LaBelle
Associate Executive Director
203 365-8828
labellec@cestrumbull.org

All exemption requests will be considered on an individualized, case-by-case basis.
Section 1
Name (print):
Date:
Building:
Position:
Supervisor:
Cell Phone:

Please initial below to confirm you have read and agree with the following statements:
_____I am requesting a medical exemption from the COVID-19 vaccination requirement under Order 13G because a physician, physician’s assistant, or advanced practice registered nurse has determined that the administration of the COVID-19 vaccine is likely to be detrimental to my health, and I believe I am able to perform my essential job functions with a reasonable accommodation that is not an undue burden on Cooperative Educational Services (C.E.S.).

_____I understand that under Order 13G, employees who have applied for a medical exemption from the COVID-19 vaccination requirement must provide appropriate supporting documentation upon request, and as such, I may be asked to provide additional supporting documentation. I verify that the information I am hereby submitting to support my request for a medical exemption from the COVID-19 vaccination requirement is true and accurate to the best of my knowledge. I understand that any falsified information can lead to disciplinary action, up to and including
termination of my employment.

_____I understand that the school district is not required to provide accommodations, including but not limited to an exemption from the COVID-19 vaccination requirement, if doing so would pose a direct threat to others or myself in the workplace or would create an undue burden on the school district.

_____I understand that Order 13G directs school districts to implement a policy requiring employees who have not demonstrated proof of full vaccination to submit to weekly COVID-19 testing, and as such, I must submit to weekly COVID-19 testing if the school district grants my request for a medical exemption from the COVID-19 vaccination requirement. In addition to such testing requirement under Order 13D, the school district may require unvaccinated employees entering the workplace to follow certain health and safety precautions as communicated to me by the school district, and to take certain other measures as a reasonable accommodation, subject to the requirements of the interactive process, which may include, but are not limited to, the following: wearing a face mask regardless of whether there is a state- or municipal imposed mask mandate, working at a social distance from co-workers and students, working a modified shift, accepting a reassignment, participating in contact tracing, quarantining, and/or abiding by restricted access to facilities. I further acknowledge that it is my responsibility to abide by such precautions or other accommodations that may be provided and/or required by the school district in order to provide a safe and healthy workplace and educational environment for myself and others in the school district.

Employee Signature: 

Date:

Section 2
Medical Certification for Exemption from COVID-19 Vaccination Requirement
Employee Name: _________________________________________________
Date of Birth: _______________________
I hereby authorize my medical provider(s), ________________________________, to release the information below from my patient file to the __________ Public Schools (the “school district”) for the purpose of permitting the school district to (1) assess my request for a medical exemption from the COVID-19 vaccination requirement and (2) determine a reasonable accommodation that is not an undue burden on the school district. I further consent to school officials of the school district communicating with the above-named medical provider(s) in connection with my request for a medical exemption from the COVID-19 vaccination requirement. I understand that such medical provider(s) is authorized to exchange with the school district health/medical information related to my request for a medical exemption from the COVID-19 vaccination
requirement. I understand that the purpose of the exchange of such information is to (1) assess my request for a medical exemption from the COVID-19 vaccination requirement and (2) determine a reasonable accommodation that is not an undue burden on the school district. I understand that this authorization will expire on June 30, 2022, unless I revoke this authorization at an earlier time by submitting written notice of the withdrawal of consent.

Employee Signature:
Date:


TO BE COMPLETED BY MEDICAL PROVIDER:

Dear Medical Provider:

In accordance with Executive Order No. 13G (“Protection of Public Health and Safety During COVID-19 Pandemic — Vaccinations Required for State Employees, School Employees and Childcare Facility Staff”) (“Order 13G”), the school district requires vaccination against COVID-19 as a condition of employment. The school district employee named above is seeking a medical exemption from the COVID-19 vaccination requirement under Order 13D on the basis that the administration of the COVID-19 vaccine is likely to be detrimental to the employee’s health.
Order 13G directs school districts to implement a policy requiring employees who have not demonstrated proof of full vaccination to submit to weekly COVID-19 testing, and as such, the employee will be required to submit to weekly COVID-19 testing if the school district grants the employee’s request for a medical exemption from the COVID-19 vaccination requirement. In addition to such testing requirement under Order 13G, the school district may require unvaccinated employees entering the workplace to follow certain health and safety precautions as communicated to the employee by the school district, and to take certain other measures as a reasonable accommodation, which may include, but are not limited to, the following: wearing a face mask regardless of whether there is a state- or municipal -imposed mask mandate, working at a social distance from co-workers and students, working a modified shift, accepting a reassignment, participating in contact tracing, quarantining, and/or abiding by restricted access to facilities.

Please complete this form for the purpose of permitting the school district to (1) assess the employee’s request for a medical exemption from the COVID-19 vaccination requirement and (2) determine a reasonable accommodation that is not an undue burden on the school district.

The employee named above is unable to receive the COVID-19 vaccine because the administration of the COVID-19 vaccine is likely to be detrimental to the employee’s health for the following reason(s):

This exemption should be:
€ Temporary, expiring on: __/__/____, or when
_________________________________
€ Permanent

The employee named above is able to implement the following measures as an accommodation:

wearing a face mask regardless of whether there is a state- or municipal -imposed mask mandate, working at a social distance from co-workers and students, working a modified shift, accepting a reassignment, participating in contact tracing, quarantining, and/or abiding by restricted access to facilities.

€ Yes to all
€ No to all or the following measure(s):
__________________________________________
If you checked “No to all or the following measure(s),” please (1) explain the medical basis for the objection to the proposed accommodation measure(s) and (2) propose alternative measures:

I certify the above information to be true and accurate, and request exemption from the COVID-19 vaccination requirement for the above-named employee.
Medical Provider Name (print):
Medical Provider Signature:
Date:
Practice Name & Address:
Provider Phone:

HR USE ONLY
Date of initial request: __/__/____
Date certification received: __/__/____
€ Approved __/__/____
€ Denied __/__/____
Describe why request is denied:
________________________________________________________________

€ Pending __/__/____
More information is required. Describe what additional information is required.
________________________________________________________________
APPENDIX B

REQUEST FOR ACCOMMODATION: RELIGIOUS/SPIRITUAL BELIEF

EXEMPTION FROM VACCINATION
IN COMPLIANCE WITH EXECUTIVE ORDER NO. 13G

(“Protection of Public Health and Safety During COVID-19 Pandemic — Vaccinations Required for State Employees, School Employees and Childcare Facility Staff”)

To request an exemption from the COVID-19 vaccination requirement under Executive Order No. 13G (“Order 13G”) on the basis of a sincerely held religious or spiritual belief, please complete this form and return it via email to:

Christopher LaBelle
Associate Executive Director
203 365-8828
labellec@cestrumbull.org

All exemption requests will be considered on an individualized, case-by-case basis.
Name (print):
Date:
Building:
Position:
Supervisor:
Cell Phone:

Please initial below to confirm you have read and agree with the following statements:

_____I am requesting an exemption from the COVID-19 vaccination requirement under Order 13G because I object to vaccination on the basis of a sincerely held religious or spiritual belief, and I believe I am able to perform my essential job functions with a reasonable accommodation that is not an undue burden on Cooperative Educational Services (C.E.S.). I understand that the term religious belief or practice does not include social, political, or economic philosophies or personal preference.

_____I understand that under Order 13G, employees who have applied for an exemption from the COVID-19 vaccination requirement on the basis of a sincerely held religious or spiritual belief must provide appropriate supporting documentation upon request, and as such, I may be asked to provide additional supporting documentation. I verify that the information I am hereby submitting to support my request for an exemption from the COVID-19 vaccination requirement is true and accurate to the best of my knowledge. I understand that any falsified information can lead to disciplinary action, up to and including termination of my employment.

_____I understand that the school district is not required to provide accommodations, including but not limited to an exemption from the COVID-19 vaccination requirement, if doing so would create an undue burden on the school district.

_____I understand that Order 13G directs school districts to implement a policy requiring employees who have not demonstrated proof of full vaccination to submit to weekly COVID-19 testing, and as such, I must submit to weekly COVID-19 testing if the school district grants my request for an exemption from the COVID-19 vaccination requirement on the basis of a sincerely held religious or spiritual belief. In addition to such testing requirement under Order 13G, the school district may require unvaccinated employees entering the workplace to follow certain health and safety precautions as communicated to me by the school district, and to take certain other measures as a reasonable accommodation, subject to the requirements of the interactive process, which may include, but are not limited to, the following: wearing a face mask regardless of whether there is a state- or municipal -imposed mask mandate, working at a social distance from co-workers and students, working a modified shift, accepting a reassignment, participating in contact tracing, quarantining, and/or abiding by restricted access to facilities. I further acknowledge that it is my responsibility to abide by such precautions or other accommodations that may be provided and/or required by the school district in order to provide a safe and healthy workplace and educational environment for myself and others in the school district.
Employee Signature:
Date:

HR USE ONLY
Date of initial request: __/__/____
Date certification received: __/__/____
€ Approved __/__/____
€ Denied __/__/____
Describe why request is denied:
________________________________________________________________

€ Pending __/__/____

More information is required. Describe what additional information is required.

________________________________________________________________

ADOPTED: NOVEMBER 4, 2021

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