BUFFALO, N.Y. — Some local school superintendents say the state must be clear with its guidelines on student spacing for students in classrooms in the wake of the Centers for Disease Control policies, which allowed for reductions from 6 feet to 3 feet under certain conditions and qualifiers. They have noted that with 6 foot distancing requirements they can only fit so many students into a school building at any time.
Superintendents say the confusion is causing more and more frustration for parents. Some parent groups are demanding that schools fully reopen for five days a week because of what they say are issues including mental health concerns for the children.
The New York State Health Department responded to our request for clarification on Monday by simply stating their "review of the CDC policy is continuing."
Governor Andrew Cuomo was asked about the situation during a conference call with reporters on Monday afternoon. He frequently referred to his legal counsel and adviser Beth Garvey. State Health Commissioner Howard Zucker was also on the call, but his audio was very low and it was difficult to hear his comments.
At one point Cuomo said in his discussion with Garvey, "The CDC - CMS guidance of this from 6 to 3 feet depending on the transmission rate in that school district is what is being considered now and has not yet been adopted by the state."
Cuomo added that, "The CDC guidance going from 6 feet to 3 feet is not a universal guidance. It depends on the transmission rate of that school in that area."
Zucker confirmed that was correct and mentioned physical distancing.
Garvey replied, "Correct. And there are certain other requirements related to cohorting students as well that require students to be able to remain being cohorted throughout their school day."
The governor asked, "On the CDC reduction to 3 feet?"
Garvey responded, "Correct."
Cohort means a group of students could remain together with their teacher. That is easily done at the elementary level, but middle and high school students change classes with different teachers.
Garvey added that, "there may be further modifications beyond just removal of barriers in order to achieve what CDC has put forward."
Cuomo said in conclusion that "it's not easy."
County executives in Onondaga, Oneida, and Ulster counties have told school districts in their counties that they can go to 3 feet of spacing with the use of plastic sheet barriers on desks made of polycarbonate, which the counties will provide for them.
Then there was more confusion as Cuomo was asked about the counties taking such action. He again spoke with Garvey.
Cuomo said, "The county health departments make decisions subject to the state guidance. Does the state guidance now leave it to the local school district on the physical distancing?"
Garvey replied, "The state guidance would say right now that a local district could do less than 6 feet provided that physical barriers were in place in between students. So right now the minimum state guidance does not comport with the guidance of the CDC as issued so that is why we are looking to update that right now."
Also at the county level, 2 On Your Side asked Erie County Health Commissioner Dr. Gale Burstein about this issue last week. She said, "We've told the schools that our county attorney has advised us that local health departments in New York State are not allowed to develop policies for the schools. Those policies are developed by the New York State Education Department and the New York State Health Department." The Chautauqua County Health Commissioner issued a similar statement.
Burstein then added this with the issue of legal liability for schools, "We've been told by Erie One and Two BOCES that if schools deviate from the recommended New York State guidelines for schools, for example changing the desks from 6 feet social distancing to three feet social distancing in the classroom, then they will not be covered by their insurance carrier. And so if there is an adverse outcome for a student or staff member in the school because of COVID 19 and they're sued they would be in big financial trouble."
WGRZ contacted the ERIE One BOCES for further clarification and was told their attorney would be given the message. But there was no response from Erie One BOCES, which is technically a part of the State Education Department.