Navigating the FFCRA, Student Behavior Drives COVID Spike, Court Bans University from Using SAT, ACT

(From JD Supra) On August 27, the U.S. Department of Labor published updates to the Families First Coronavirus Response Act (FFCRA) FAQs to address questions about eligibility for paid leave under the FFCRA in the following scenarios:

• In-Person: If a child’s school is not closed due to COVID-19 related reasons, FFCRA leave is not available.
• Hybrid Schooling: FFRCA leave is only available if the employee is actually caring for their child days or parts of days when a child is not permitted to attend school in person and must instead engage in remote learning.
• Only Remote: FFCRA leave is available while a child’s school remains closed.
• Families opting out of school or choosing to participate in the remote learning program: FFCRA is not available because a child’s school is not closed and FFCRA is not available to take care of a child whose school is open for in-person attendance. However, if a child is under a quarantine order or has been advised by a health care provider to self-isolate or self-quarantine, FFCRA leave is likely available.

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(From NPR) The University of Illinois at Urbana-Champaign, a university many researchers have touted as a potential model for reopening campuses to in-person classes and on-campus testing, is hitting some bumps in the road. In just under two weeks of classes, there have been more than 700 positive COVID-19 cases on campus, a figure that the school's researchers had anticipated for the entire fall semester. If current rates continue, the school could see as many as 8,000 positive cases by the end of the term. School officials say the campus' models had already anticipated parties and people not wearing masks — but they did not take into account that students would fail to isolate, that they would not respond to local health officials' attempts to contact them, or that students who had tested positive would nonetheless attend and host parties.

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(From Inside Higher Ed) California Superior Court judge has ordered the University of California System to stop using the SAT and ACT in its admissions and scholarship decisions. The ruling is in response to a legal challenge from several students and advocacy groups contending that the system's new policy, which considers but doesn't require applicants' admissions test scores, violates the Americans with Disabilities Act by putting students with disabilities at a disadvantage amid the pandemic. The court's decision "highlights a handle that can be leveraged by litigants in other states," said Jay Rosner, executive director of The Princeton Review Foundation.

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