Coronavirus Guidance & Resources

NEW & IMPORTANT

Guidance for NYS COVID-19 Vaccination Program – This new guidance was released on 11/4/21 and provides information on the Pfizer-BioNTech COVID-19 vaccine.

New Website for COVID-19 Vaccines for Children and Adolescents – NYSDOH has developed a new website that houses information of vaccinating children and adolescent 5 years and older.

SED Seeks Stakeholder Input on ESSA Waiver for 2021-22 School Year – SED is seeking comments by November 19, 2021, regarding making accountability determinations based on the 2021-22 school year results.

Executive Order #4 – This executive order declares a state of emergency due to health care staffing shortages and the potential inability to adequately provide critical care.

Executive Order #5 – The governor has issued an executive order focused on Rikers Island. The purpose of the order is to expedite proceedings and to relocate corrections department staff. The E.O. allows the court to dispense with personal appearance and conduct electronic appearances.

#VAXtoSchool – This resource provides information on COVID-19 vaccination to support school district efforts to increase vaccination rates for eligible students.

Overview of COVID-19 Testing – This video provides information on types of testing and operationalizing screening and diagnostic testing.

Interim Guidance for Classroom Instruction in P-12 Schools During the 2021-22 Academic Year – This video supplements the guidance that was released on September 2, 2021 and highlights important sections and information.

NYS COVID-19 School Report Card  and Daily School Survey Website

NYSDOH – Interim Guidance for Classroom Instruction i P-12 Schools During the 2021-22 School Year

CDC Guidance for COVID-19 Prevention in K-12 Schools

CDC Guidance for Schools and Child Care Programs

New Regulations on COVID-19 Testing in Schools – The Public Health and Health Planning Council and the commissioner of health issued new regulations regarding COVID-19 testing in schools.

Deadline Extension for ARP Part 2 ESSER Funds – The application deadline for the ARP Part 2 application has been extended to September 30, 2021.

Health and Safety Guide for the 2021-22 School Year – NYSED’s summary guide is a compilation of key concepts and resources from the Center for Disease Control (CDC) and the American Academy of Pediatrics (AAP).

Memo on Federal American Rescue Plan Funding – This memo explains that school districts must complete an ARP ESSER Application – Part 2 by August 31, 2021.

Memo Clarifying Recovery vs. Compensatory Services – This memo provides information on the differences between recovery and compensatory services.

NYS Next Generation Mathematics Learning Standards Glossary for Prek-8 – This resource from NYSED provides districts support in developing instruction aligning with Next Generation standards.

August 5 Updated Guidance on COVID-19 Prevention in K-12 Schools – CDC recommends universal indoor masking for all teachers, staff, students, and visitors to K-12 schools, regardless of vaccination status. Children should return to full-time in-person learning in the fall with layered prevention strategies in place.

Health and Safety Guide for the 2021-22 School Year  – NYSED just released a “summary guide” based on CDC and American Academy of Pediatrics guidance documents

Return to School Roadmap – This resource provides substantial information that may support districts as they look forward to reopening schools for the 2021-22 school year. Resources include fact sheets, checklists for in-person learning, sites for clearinghouses, summaries of major funding legislation, and COVID-19 handbooks.

Memo on Federal American Rescue Plan Funding – This memo from NYSED explains that school districts must complete an ARP ESSER Application – Part 2 by August 31, 2021.

Memo Clarifying Recovery vs. Compensatory Services – This memo from NYSED provides information on the differences between recovery and compensatory services.

Chapter 167 – AN ACT providing that a student enrolled in an individualized education plan during certain school years may continue to receive educational services until the student completes the services pursuant to the individualized education plan or turns twenty-three years of age, whichever is sooner; and to provide for the repeal of such provisions upon the expiration thereof.

June 12 – State Guidance on Pre-K to Grade 12 End of Academic Year Celebration Events, including Graduations

June 8, 2021 – Bill S. 5576–C – An Act to amend the education law, in relation to the granting of tenure

Mandatory Collection of Student Enrollment, Free and Reduced-Price Eligibility, and Instructional Modality Data for the Issuance of Pandemic Food Benefits

NYSED Seeks Public Input on Developing the NYS’s ARP Fund Plan

New CDC Guidance on Mask Wearing for Fully Vaccinated Persons

Updated Interim Guidance for End of Academic Year Celebrations

Interim Public Health Recommendations for Fully Vaccinated People

CDC Operational Strategy for K-12 Schools

Updated Interim Guidance for End of Academic Year Celebrations During the COVID-19 State of Emergency

Over-Age Student Option to Return to School

SED Denied Testing Waiver

USDE Letter Rejecting the Waiver

Aid to Localities

State Aid Runs by District

Updated Guidance for Quarantine Restrictions on Travelers Arriving in NYS

Interim Public Health Recommendations for Fully Vaccinated People

USDE letter on Assessment and Accountability

Statement on USDE Assessment and Accountability

CDC Releases Considerations for Schools – February 11, 2021

The Biden/Harris Plan for Reopening Schools, Child Care and Institutes of Higher Education

NYSED:

2020

NYS Department of Health:

Governor’s Office / NYS:

202.108 – This E.O. extends the state of emergency until June 16, 2021 and stipulates many of the items that have been reported in media outlets.

202.107 – This E.O. continues the state of emergency until June 9, 2021.

202.104 – This E.O. concretizes announcements that the governor made yesterday regarding expanding capacity in movie theaters.

202.101 – This E.O. extends the declaration of emergency in New York to May 6, 2021.

202.99 – This E.O. extends the state disaster emergency declaration until April. 25, 2021.

March 18: 202.97– This E.O. pertains to several issues.

March 1: 202.96 – This new E.O. rescinds E.O. 2020.95 and extends the state of emergency.

February 23: 202.95 – This E.O. pertains to data and reporting required of school personnel in regard to vaccinations.

February 16: 202.94 – This E.O. extends some timelines and establishes new operating hours for restaurants and bars.

February 12: 202.93 – This E.O. updates some of the statements made by the governor this week.

January 25: 202.92 – This E.O. was issued late on 1/27/21 and was effective as of that day.

January 25: 202.91 – This E.O. pertains to rules surrounding vaccine distribution.

January 14: Governor Cuomo’s Infrastructure Plan

January 13:  202.90 – This E.O. focuses on persons eligible to administer the COVID-19 vaccine.

January 11: 202.89 – This E.O. pertains to several areas focusing on election law and the administration of COVID-19 vaccinations.

January 5: 202.88 – This E.O. extends some prior E.O.s and adds requirements for the distribution of the vaccine.

January 4: 202.84 – This E.O. extends the authority of the governor to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation to deal with the state of emergency until January 22, 2021.

January 4: 202.85 – This E.O. continues Executive Order 202.66, Executive Order 202.71, and Executive Order 202.78 for another thirty days through January 26, 2021.

January 4: 202.86 – This E.O. has several components.

January 4: 202.87 – This E.O. focuses on several areas.

2020:

December 9: 202.80 – This E.O. extends the governor’s authority to suspend or modify statutes, regulations, local law, ordinance orders, rules, or regulations necessary to cope with the disaster until January 8, 2021.

December 3: 202.79 – This E.O. extends the governor’s declaration of the state’s disaster emergency status through January 1, 2021.

November 16: 202.75 – This E.O. will be effective on November 13, 2020 and continues specified prior orders until December 13, 2020.

October 30: 202.71 – This E.O. continues the disaster emergency in the state until November 28, 2020.

October 21: 202.70 – This E.O. has two components. The first part continues the moratorium on commercial evictions until January 1, 2021. The second part allows movie theaters outside of NYC to open on October 23 at 25% capacity with a maximum of 50 people per screen.

October 18: 202.69 – This E.O. allows the director of the budget to withhold funds to a public, nonpublic, or school district and/or locality for the period of time that the school was found to be in violation of health department protocols.

October 15:202.69 – This E.O. allows the director of the budget to withhold funds to a public, nonpublic, or school district and/or locality for the period of time that the school was found to be in violation of health department protocols.

October 7: 202.68 – This E.O. pertains to the governor’s Cluster Action intervention regarding COVID-19 hotspots and is effective immediately and enforced no later than 10/9/20.

October 5: 202.67 – This Executive Order continues suspensions and modifications of certain laws and directives due to the pandemic until November 3.

September 29: 202.66 – This new E.O. extends the prohibition of residential evictions through January 1, 2021.

September 29: 205.1 – This E.O. pertains to a requirement that a travel advisory be communicated widely at all major points of entry into NY, advising all travelers entering NY that they are required to quarantine for 14 days.

September 24: 202.65 – This E.O continues suspensions and modifications of law as necessary due to the pandemic.

September 21: 202.64 – This E.O. extends the prohibition of commercial evictions for nonpayment of rent or a foreclosure of any commercial mortgage through October 20, 2020.

September 14: 202.63 – This E.O. continues the state of emergency until October 11, 2020.

September 11: 202.62 – This E.O. requires the MTA to develop an enforcement plan to ensure compliance with other E.O.s pertaining to its operation, including face-covering enforcement.

September 10: 202.61 – This E.O. focuses on required reporting of COVID-19 testing for schools.

September 8: 202.60 – In this E.O. the governor extends the state of emergency until October 4, 2020.

August 31: 202.59 – This E.O. (signed on August 28) primarily requires the Department of Health to establish statewide protocols for testing and reporting COVID-19 and influenza cases to continue to ensure that NYS has an accurate database. The E.O. also discontinued extensions for paying property taxes without interest or penalties.

August 21: 202.57 – This E.O. pertains to allowing bowling alleys to reopen according to certain restrictions, gyms to reopen, the continuation of the prohibition of evictions through 9/20, and low-risk indoor arts and cultural activities to open as of 8/24.

August 14: 202.56 – This E.O. extends suspension of laws and directives during the ongoing pandemic to September11, 2020. Specifically, suspensions, modifications, and directives in E.O.s 202.31, 202.41, 202.42, 202.43, and 202.52.

July 22: 202.53 – This E.O. was issued on July 21 and extends the restriction on indoor common areas in malls and places of low-risk indoor arts and entertainment to be closed.

July 17: 202.52 – This E.O. was issued on July 16, 2020 and requires that all businesses licensed by the State Liquor Authority may only serve alcoholic beverages along with the purchase of food.

July 17: NYS Liquor Authority Guidance on Executive Order 202.52 – This link provides guidance from the Liquor Authority on requirements to adhere to the above Executive Order.

July 14: 202.51 – This E.O. was issued on July 13, 2020. The order modifies the number of signatures on a funding petition for public or free libraries and the minimum threshold requirement for signatures on a nominating petition for a library trustee.

July 10: 202.50 – In adherence with DOH guidance, this E.O. allows malls to reopen in regions of the state in Phase IV. This E.O. is effective July 10, 2020.

July 8: 202.49 – This E.O. was issued on July 7, 2020 and pertains to the elimination of prior suspensions in some areas of environmental conservation, corporate, and religious corporation laws.

July 7: 202.48 – This E.O. was issued on July 6, 2020 and continues the suspension or modification of statute and regulations pertaining to education, mental hygiene, criminal procedure, insurance and banking, and tax law.

July 6: 202.47 – This E.O. issued on July 3, 2020 and contains extensions and clarifications regarding school district elections, alcohol control, fireworks, and a multitude of other issues.

June 29: 202.45 – This E.O. was issued on June 26, 2020 and addresses a multitude of issues.

June 25: 205 – This E.O. was issued on June 24, 2020 and requires that all travelers entering NY from a state with a positive test rate higher than 10/100,000, or 10% positivity rate over a seven day rolling average, must be quarantined for a period of 14 days.

June 23: 202.44 – This E.O. was issued on June 21, 2020 and is a very comprehensive order.

June 22: 202.43 – This E.O. was issued on June 18, 2020 and covers a multitude of issues.

June 17: No. 204 – Recognizes Juneteenth (June 19) as day that should be acknowledged as a significant milestone in advancing the cause of freedom. Further, the governor has made this day a holiday for state employees.

June 16: No. 202.42 – This order raises the limit of persons in non-essential gatherings to 25 (from the prior 10 or fewer) in regions that have met Phase III metrics and have maintained all department of health protocols.

June 16: No. 202.41 – As of June 12, 2020, reductions and restrictions on the in-person workforce at non-essential businesses are suspended. Phase III industries include restaurants/food service and personal care. Areas in Phase III include: Finger Lakes, Central NY, Mohawk Valley, Southern Tier, and the North Country.

June 15: No. 203 – This first E.O. requires local governments to review current police polices, deployments, procedures, and practices to develop a plan to improve operations and outcomes.

June 10: No. 202.40 – This new E.O. provides that if a district’s original budget is not approved by the voters in the June 9 election, a resubmission to the voters shall be conducted through a process and dated determined by a future executive order, but the revote may not occur prior to July 9.

June 8: No. 202.39 – Just in time for the end of the academic year, the governor’s E.O. 202.39 has clarified that school districts will not be penalized with a loss of state aid for not completing APPR evaluations for the 2019-2020 school year. E.O. 202.39 goes on to state that school districts may award tenure to teachers and administrators who, but for the lack of a rating this school year, would be eligible for tenure based upon previous ratings. Districts may also extend probationary periods for an additional year for further evaluation under the E.O.

June 8: No. 202.38 – This E.O. permits any building owner and retail store owner to require temperature checks prior to entrance and such owners may also deny entrance to anyone who refuses the temperature checks. Further, restaurant owners may serve food and beverages in outdoor spaces. Lastly, houses of worship are permitted to hold services with no greater than 25% capacity in regions currently in Phase 2.

June 2: Executive Order 202.36 – This E.O. has multiple components including extending the period for paying property taxes without interest or penalties in specified counties, extending the ability to provide for a practitioner-patient relationship for purposes of ordering a clinical laboratory test through an electronic questionnaire, clarifying the directive regarding the opening of barbershops and salons, and extending the limited operation of on-site car racing to only on-site essential employees or participants.

June 1: Executive Order 202.35 – This E.O. stipulates that reductions or restrictions for the in-person workforce at non-essential businesses no longer apply to Phase 2 industries.

May 26: Executive Order 202.33 – This E.O. was issued on May 22, 2020 and allows for any non-essential gathering of ten or fewer persons, for any lawful reason, as long as social distancing, cleaning, and disinfecting protocols are adhered to.

May 22: Executive Order 202.32 – This E.O. addresses COVID-19 testing pertaining to nursing homes, allows physicians to order COVID-19 testing for self -collection without otherwise having a physician-patient relationship, extends the period for paying property taxes by 21 days for specific counties, allows horse racing without visitors or fans, allows drive-in or remote religious services in excess of 10 persons, as long as there is no in-person contact, and amends Real Property laws.

May 11: Executive Order 202.30 – This E.O. pertains to nursing homes and adult care facilities.

May 11: Executive Order 202.29 – This E.O. extended the underlying legal authority to suspend and modify laws or directives made by E.O. 202.15-21, until June 6.

May 8: Executive Order 202.28 – This E.O. formalizes the closure of schools until the end of the school year.

May 5: Executive Order 202.27 – This Executive Order allows professionals without a current NYS licensure or registration (including individuals who hold a valid license from another state or Canada) to continue to provide services for an additional 30 days.

May 1: Executive Order 202.25 – was issued on May 1, 2020 and pertains to many items related to school ballots, suspension of annual meetings, signatures required for ballots, village elections, and a host of other balloting and election processes.

April 25: This EO permits licensed pharmacists to order and administer COVID-19 tests. It also allows pharmacists to be designated as a limited-service laboratory to tests patients.

April 24: This EO provides all eligible voters an absentee ballot application form with a postage-paid return option, in addition to the ability to request such applications electronically or by phone.

April 20: Executive Order 202.22 provides an opt-out for some municipalities to waive late fees for property taxpayers facing hardships. Read it here.

April 15: Interim Guidance on Executive Order 202.16 Requiring Face Coverings for Public and Private Employees Interacting with the Public During the COVID-19 Outbreak

April 13: Governor Cuomo instituted a new Executive Order requiring all essential businesses to provide workers with a face covering “when in direct contact with customers or members of the public.”  The order is effective April 15 at 8pm. Read the full EO here.

April 7: This executive order addresses school closures through April 29 and the exemption from a decrease in school aid due to failure to meet the 180 days of instruction according to stipulations in prior executive orders. Read it here.

April 6: Amid Ongoing COVID-19 Pandemic, Governor Cuomo Announces NYS on Pause Functions Extended for Additional Two Weeks

March 29: Includes the extension of school closures; allows school districts, to the extent necessary, to pay for the cost of child care services; and postpones school district budget (also library boards and village elections) votes to June 1, 2020. Read in full here.

March 28: This EO addresses: the delay of presidential and any special elections to April 28 and permits one support person (without fever) to be in attendance with a patient giving birth. Read in full here.

March 27: The directive contained in Executive Order 202.4 related to the closure of schools statewide shall hereafter be modified to provide that all schools shall remain closed until April 15, 2020, at which time the continued closure shall be re-evaluated. No school shall be subject to a diminution in school aid due to failure to meet the 180 day in session requirement as a result of the COVID-19 outbreak … Read in full here.

March 23: Executive Order: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

March 20: Updated 180-Day Requirements

Pursuant to Executive Order 202.4 issued on March 16, 2020, any closure during the period of March 18, 2020 through March 31, 2020 of a public school district (including Special Act School Districts) or charter school will satisfy the requirements for a waiver of the usually required reduction in monies payable to public school districts and charter schools under Education Law section 3604. Such waiver shall not be granted if such closure extends beyond March 31, 2020, unless otherwise directed by the Governor.

The requirement under Commissioner’s Regulations 200.7(b)(5) and 200.20(a)(6) to operate for not less than 180 days during the 10 month school year shall not apply to any closure during the period of March 18, 2020 through March 31, 2020 of a nonpublic school with an approved special education program subject to articles 81 and/or 89 of the education law, state supported school pursuant to article 85 of the education law, or approved preschool Special Class and Special Class in an Integrated Setting program pursuant to section 4410 of the education law.

March 20: Governor Cuomo Signs the ‘New York State on PAUSE’ Executive Order

March 19: Executive Order: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

March 18: Executive Order: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

March 18: Executive Order: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

March 16: Executive Order: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

March 14: Executive Order: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

March 12: Executive Order: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

Executive Orders from the Office of the President of the United States

US Department of Education

CDC:

Other:

NYSPHSAA to Delay Fall Sports Start Date and Cancel Fall Championship

Connect Families to Nutrition Assistance

Coronavirus: Multilingual Resources for Schools

Responding to Coronavirus: A Downloadable Guide for Schools – Education Week

Brookings Webcast, MARCH 11: How should schools prepare for a coronavirus outbreak?

Guidance from the Healthy Schools Network on cleaning for healthy schools.

Spectrum to offer free internet access to students sent home

 

MEMBER ALERT – If you are concerned about district policies and/or protocols regarding the Coronavirus/infectious diseases and their possible conflict with your collective bargaining agreement, please do not hesitate to contact the SAANYS Legal Department at 518-782-0600.