Dr. James has continually reached out to the New York Department of Health (NYDOH) to get an answer to the six (6) foot distancing requirement in our schools. "As I am sure you are aware, there is a great deal of confusion in the field regarding social distancing guidelines/regulations for schools, particularly in Kindergarten through grade 12 classrooms." To date, we have not received a direct response. Please click the links below to download both the letter from Dr. James and a template for a letter we are hoping the community will also send to demand a clarification of whether or not we may reopen fully with a three (3) foot distance between desks with face coverings, sneeze guards, etc. Thank you!
The template is also below for those who do not have Word installed on their devices to copy and paste:
Howard Zucker MD, JD, LLM
Commissioner, NYDOH
Corning Tower
Empire State Plaza
Albany, NY 12237
Email: [email protected]
Fax: 518-474-6608
March 2021
Dear Dr. Zucker,
I am writing on behalf of my child(ren) and my community. As I am sure you are aware, there is a great deal of confusion in the field regarding social distancing guidelines/regulations for schools, particularly in Kindergarten through grade 12 classrooms. We are aware of the language in the NYSDOH document dated August 26, 2020, that indicates 6 ft. of social distancing or barriers, see below;
Since September 2020, our school district has contacted the NYSDOH more than 12 times, each time getting the same response from representatives who were asked whether the six (6) foot social distancing requirement in classrooms could be reduced at the local level if “sneeze guards” were used as “appropriate physical barriers” and masks were utilized, each representative said, “no.” One representative stated, “absolutely not, desks must be six (6) ft. apart, nothing has changed.” Another representative, stated that she would submit a complaint to the Covid-19 Compliance Task Force related to any districts reducing social distancing to less than six (6) feet regardless of the use of sneeze guards as they do not qualify as barriers.
Further, in an update from the School Administrators Association of New York (SAANYS) dated February 17, 2021, they reported that during a bi-weekly call with educational constituents, NYSDOH officials indicated the following: “A longer discussion occurred regarding the six feet required distancing for schools. The discussion stemmed from wording that some educators had seen in the CDC guidance indicating that if six feet could not be obtained, then consideration to three feet with extra precautions may be possible. NYSDOH indicated that NY did not have that exception and that six feet would be the standard used.” In addition, during an interview with the Spectrum News on October 14, 2020, Governor Cuomo stated, “Schools could lose out on state funding if they fail to enforce guidelines for social distancing during the coronavirus pandemic.” In addition, our insurance carrier has stated, we would expect Commack UFSD to follow ALL of the guidelines for 6 ft. social distancing. “Per our conversation, we expect the school district to be following all CDC’s, national, state and local guidelines/protocols to reduce the risk of COVID-19 spread.” It is obvious this statement is an indication that failure to do so could lead to direct taxpayer liability should there be a Covid related illness or death linked to failure to follow said guidelines/protocols.
The above notwithstanding, we are aware that some districts in the State have chosen to interpret the language “or use of appropriate physical barriers” to place student desks closer together than six (6) feet using sneeze guards as “appropriate physical barriers” indicating that their local department of health has cleared this practice. You can see where this would cause confusion in the communities.
Therefore, given what we “know” about the spread, or lack thereof, of Covid-19 in the school setting; the statements of infectious disease specialists such as Dr. Nachman, Head of Pediatric Infectious disease at Stonybrook Hospital; the number of adults, including school personnel, having been vaccinated; the other safety precautions in place in schools such as temperature monitoring, attestations, directional movement and more, at this time, we as a community are demanding that the NYSDOH respond in writing to the following;
- For the remainder of the 2020-2021 school year, may districts with adequate safety precautions in place such as required face coverings, “sneeze guards” installed on desks, disinfecting protocols in place, attestations regarding travel and contact with infected individuals, temperature scanners, AND sufficiently low levels of Covid-19 in their schools (less than 4% community spread within the school), host “brick and mortar” classes with student desks less than six (6) feet apart (e.g., 3 feet apart)?
- For the 2021-2022 school year, may districts plan to reopen “brick and mortar” classes with student desks less than six (6) feet apart (e.g., 3 feet apart) with adequate safety precautions in place such as required face coverings, “sneeze guards” installed on desks, disinfecting protocols in place, attestations regarding travel and contact with infected individuals, temperature scanners, AND sufficiently low levels of Covid-19 in their schools (less than 4% community spread within the school)? OR
- For the remainder of 2020-2021 and 2021-2022, may local school districts make their own determinations regarding social distancing in classrooms taking into consideration Covid variables and guidelines from the NYSDOH and NYSED?
Thank you in advance for your anticipated response to these questions as our communities, our children rely on your answers as our district determines its next steps in defining how we fully reopen our schools.
Sincerely,