School Reopening Guidance
Clarification on the Legal Status of Pandemic-Related Reopening Guidance
The District has received a legal opinion confirming that it is compelled to comply with the pandemic-related guidance issued by various agencies (e.g., NYSED, NYDOH, ECDOH, and the Governor’s office). Compliance with pandemic-related guidance was a specific condition established by Governor Cuomo in order for a school district to be open for instruction for the current school year. NYSED approval of school district reopening plans was likewise conditioned on compliance with the mandatory elements of the NYSED guidance document first issued on July 16, 2020. The District had to certify its compliance with SED requirements at the beginning of the school year and maintain compliance thereafter. The failure of the District to meet its legal obligations and comply with mandatory guidance could result in serious enforcement actions, liability and other adverse consequences.
- New York State Department of Health Interim Guidance for In-Person Instruction at Pre-K to Grade 12 Schools During the COVID-19 Public Health Crisis: https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/Pre-K_to_Grade_12_Schools_MasterGuidence.pdf
- New York State Education Department School Reopening FAQ: http://www.nysed.gov/common/nysed/files/programs/reopening-schools/school-reopening-faq.pdf
- Recovering, Rebuilding, and Renewing the Spirit of New York’s Schools: Reopening Guidance: http://www.nysed.gov/common/nysed/files/programs/reopening-schools/nys-p12-school-reopening-guidance.pdf
- Preparing K-12 School Administrators for a Safe Return to School in Fall 2020: https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/prepare-safe-return.html
- Federal Occupational Safety and Health Administration: Guidance on Preparing Workplaces for COVID-19