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Showing posts with label COVID-19. Show all posts
Showing posts with label COVID-19. Show all posts

Friday, February 9, 2024

Senator Andrew Lanza Introduces S7466-A To Reinstate All City Employees Terminated by COVID-19 Requirements


re-posted from ADVOCATZ.com

Betsy Combier

Editor, NYC Rubber Room Reporter, and ADVOCATZ.com 


Senator Andrew J. Lanza, Republican representing District 24 Staten Island, has introduced a Bill to reinstate any officer and employee who worked for the City of New York and was dismissed because of the COVID-19 Mandate.

We all need to support him in this effort!

STATE OF NEW YORK

7466–A

2023-2024 Regular Sessions

IN SENATE

May 30, 2023

                                                                                                               ______________________

Introduced by Sen. LANZA — read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 — recommitted to the Committee on Cities 1 in accordance with Senate Rule 6, sec. 8 – committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the administrative code of the city of New York, in relation to the reinstatement of certain officers and employees who were dismissed from employment due to a COVID-19 vaccine requirement

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The administrative code of the city of New York is amended by adding a new section 12-141 to read as follows:

§ 12-141 Reinstatement of employees dismissed for COVID-19 vaccination requirements. Any officer or employee of the city or of any agency thereof who was dismissed from employment due to failure of such officer or employee to comply with a COVID-19 vaccine requirement, shall be reinstated to their former position, in the same position or title and at the same salary and benefits, with retention of seniority and service time accrued, as such employee was receiving immediately prior to their 10 dismissal. Such officer or employee seeking reinstatement shall also be exempt from any waiver of civil service rights.

§ 2. This act shall take effect immediately.

Contact Senator Andrew J. Lanza’s Office

ALBANY OFFICE

Room 413 Senate Capitol Building172 State Street

Albany,  NY 12247

Phone: (518) 455-3215
Fax: (518) 426-6852
Office Hours: Albany Office

 map

DISTRICT OFFICE

3845 Richmond Ave. Suite 2A

Staten Island,  NY 10312

Phone: (718) 984-4073
Fax: (718) 984-4455
Office Hours: District Office

 map

EMAIL ADDRESS:

Monday, November 1, 2021

Federal Judge Frederick Block Rules That NY Statewide Mask Mandate For Public Schools Will Remain

 

Eastern District Judge Frederic Block. Photo: Rick Kopstein/ALM

The "all students come off the same cookie sheet" thinking of the NYC Department of Education just doesn't work for me. Never has, never will. All kids, parents, people are unique and have different needs, ideas, strategies and goals. I know, because I am an identical twin, and we are not at all alike except on first view, and our voices. Our mom never could tell us apart on the phone, bless her.

What I don't yet understand and may never understand, is why the NYC DOE will not give families the chance to have remote learning. Ok, it did not work last in the past school year. That was due to the lack of sufficient training and funding for enough computers to get all students and staff on the same page - making sure that what is learned and how the information gets to the persons who need to know is in place and working successfully.  

Also, kids and teachers who are not on-site cannot be judged or micro-managed, two very important activities for administrators handling budgets. 

Remote learning and teaching strategies do not work and have never worked because the Department does not want them to, and there is no accountability. Budgets are based upon "seat time" - the number of children sitting in class.  

That's why attendance is so important. Oops, I meant "Too important". 

Betsy Combier

President and Founder, ADVOCATZ
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Brooklyn Federal Judge Upholds New York Public School Mask Mandate

A student with asthma filed a lawsuit arguing she should be exempted from the mask mandate.

Jane Wester, Law.com, November 01, 2021 at 11:27 AM


In a 54-page decision, Senior U.S. District Judge Frederic Block of the Eastern District of New York upheld New York’s statewide mask mandate for public schools, though he criticized the “current prolix array of the regulation, recommendations and requirements, guidelines and guidance” that make it challenging to apply.

Block denied a motion from the plaintiff, the parent of a 10-year-old girl with severe asthma, for a preliminary injunction based on alleged violations of her constitutional rights and decided to hold in abeyance the question of preliminary injunctive relief for her state law claims because of ongoing settlement negotiations.

“[S]ince the Court is sensitive to the concerns that parents have for their children, it believes that a full exploration of the national mask mandate dynamics at play and the reach of the [New York State Department of Health Commissioner Howard Zucker]’s actions is warranted,” Block wrote.

The plaintiff filed suit in September after a letter from a doctor saying the student should be exempted from the mask mandate was rejected by school officials, who cited public health guidance saying people with asthma can wear masks.

Block found that rational basis was the appropriate standard for review in the case, rejecting the plaintiff’s arguments that the school district’s rejection violated their fundamental rights.

Block quoted at length from national and state public health guidance, including the state’s guidance for schools, and expressed his “displeasure” with “the complexities and uncertainties” of the school guidance.

The schools’ mask mandate includes a provision for medical exemptions for people with conditions that “prevent them from wearing a mask.”

“The practical upshot of the Commissioner’s regulation, its cryptic adoption of the CDC’s recommendations and its Prevention Strategies, the Health Department’s guidance, and the Education Department’s guidelines is that the school districts and their administrators do not know what precisely they can or cannot do to implement the Mask Mandate. … As shown by this case, all this has left the School District adrift,” Block wrote.

Block also examined the paths taken by states other than New York. He found that New York is one of 16 states with statewide school mask mandates, while 26 other states have left the decision to individual school boards. The remaining eight, including Texas and Florida, had some kind of prohibition on school mask mandates as of the date of Block’s ruling, he found.

The plaintiff submitted several scientific articles as part of the complaint, but Block found that they were “ill-fitted to her arguments,” mostly dealing with environments different from schools. In contrast, he found that the scientific materials submitted by the defendants were well-tailored to the issue at hand.

Block found that the plaintiff’s situation was different in key respects from past cases involving abortion and, separately, the right to refuse medical treatment because mask mandates implicate public health as well as individual health.

“While the Mask Mandate was obviously intended as a health measure, it no more requires a ‘medical treatment’ than laws requiring shoes in public places … or helmets while riding a motorcycle,” he wrote.

Block praised the Franklin Square Union Free School District for its willingness to grapple with the various guidance and requirements involved in the case and expressed hope that the next iteration of the school mask mandate takes a “simpler, more manageable format.”

Sujata Sidhu Gibson of the Gibson Law Firm, who represents the plaintiff, did not respond to a request for comment Friday.

Adam Kleinberg, a partner at Sokoloff Stern representing the school district, said he and his colleagues were pleased that Block recognized the efforts made by the school district.

“We recognize this is a difficult situation for all involved and look forward to a resolution,” Kleinberg said.

Judge Valerie Caproni


NEW YORK CITY (WABC) -- A federal judge in Manhattan on Tuesday declined to block enforcement of New York City's vaccine mandate for public school employees, denying a request for a preliminary injunction from a group of 10 teachers, at least one of whom was denied a religious exemption from the policy.

"Plaintiffs have not shown they are entitled to this extraordinary remedy," Judge Valerie Caproni said in reading her ruling from the bench.

The judge said she found not "even a whiff" of animus toward religion in statements made by New York Mayor Bill de Blasio in enacting the policy, as argued by the plaintiffs.

The group of 10 teachers lost their bid for a temporary injunction last week, but a three-judge federal appeals court granted the Tuesday hearing.

Caproni also faulted the teachers for waiting to file for an injunction until three days after the mandate took effect.

"I'm baffled by the plaintiffs delay in seeking a preliminary injunction," the judge said, adding such "gamesmanship" does nothing to help the cause.

The teachers had accused the city of being "openly hostile" toward certain religious beliefs.

"Nobody's religious beliefs contrary to the pope's would be valid," plaintiffs' attorney Sujata Gibson said, referencing a September newspaper article: "De Blasio said Thursday that only Christian Scientists and Jehovah's Witnesses have any prayer for a religious exemption."

"I believe that shows animus," Gibson said.

"Why does that show animus?" Judge Caproni asked. "I'm having difficulty getting from that to hostility to religion."

"In nearly every appeal the Department of Education was asking that they be denied on the basis that the pope has been vaccinated," Gibson answered.

An attorney for the city, Laura Manicucci, argued there's no problem with how the mandate is enforced. The plaintiffs were denied because there was something about their claims the arbitrator who evaluates them did not buy.

"Each person's personal religious beliefs would require different kinds of evidence and different kinds of statements and it's up to an arbitrator to determine whether those beliefs apply to vaccination," Manicucci said, adding that more than 20 religions have been represented in exemptions granted so far.

"The mandate is not unconstitutional because it doesn't favor one religion over another and it doesn't give any religion an advantage," Manicucci said.

Toward the end of the hearing the judge appeared exasperated by doubts the plaintiffs expressed about the effectiveness of the vaccines, citing purported experts consulted by the plaintiffs.

"You're losing credibility," Caproni said.

A Law Department spokesperson issued a response from the city.

"Every court that has considered a challenge to the DOE's vaccine mandate has found it to be lawful," the statement read. "What we heard from Judge Caproni today was a resounding confirmation that DOE's vaccine policy is lawful and in the public interest and that there was not a shred of evidence of religious animus by the city in implementing the mandate."

Meanwhile, a federal judge ruled Tuesday that New York must continue to allow health care workers to seek exemptions from a statewide vaccine mandate on religious grounds as a lawsuit challenging the requirement proceeds.

Judge David Hurd in Utica had issued a temporary restraining order a month ago after 17 doctors, nurses and other health professionals claimed in a lawsuit that their rights would be violated with a vaccine mandate that disallowed the exemptions.
Hurd's preliminary injunction Tuesday means New York will continue to be barred from enforcing any requirement that employers deny religious exemptions.

Saturday, September 4, 2021

Islip Long Island Parent Calls Cops After School Pulls Maskless Child From Class

Islip Middle School

The 2021-2022 school year just started, and all hell is breaking loose.

The story below portends what might be happening this week, tomorrow, next month. Police, lawyers, lawsuits, and perhaps even violence will be the route some of the very angry parents and/or employees in school districts around the country will take due to the COVID-19 fear so many people feel right now. And major media is not helping. Indeed, much of the global hysteria we all can see happening on our TV and computer screens as well as in our homes is due to the media and inconsistent/extreme policy decisions by our Federal, state and local governments. By "extreme" policy I mean mandates that try to cover everyone and punish all who don't agree.

Emergency situations bring corruption and fraud to the public eye because everyone wants to know whom to blame. The magnifying glass is pointed at anyone or any agency with a voice or title.

Of course, this is a new situation.  Never before has the global community had a COVID-19 pandemic and natural disasters happening at the same time, and there are many people who believe and promote the end of the world. We should not go there. Extreme fear immobilizes, but also spurs new ideas and shines a light on what we all need to fix. It takes more than a village.

Is there a solution? No, there is no one-way out. Is there relief from the vortex of injustice that seems to be swirling around devastated communities?

Yes, I believe so. New avenues of common aid, rescue and relief are being created. New supply chains are being used. The world is capable of amazing breakthroughs in science where diseases and natural disasters are being confronted and victims are being helped. Look for it.

I suggest that instead of looking for the news in major media or in the speeches of politicians - which actually are paid advertisements - anyone seeking answers to current issues should go to a source, local media, scientific journals, health organizations, etc., who have feet on the ground. Get out there and volunteer, or help someone from afar. Be part of the answers.

From Common Dreams:

"One of the few silver linings of this tragedy is that it does offer us the opportunity to take stock of ourselves, our communities, our state, and our country. In the advocacy community, it’s forcing us to drill deeper into how we can help build a more equitable and just society through our response to this pandemic."

Betsy Combier

betsy.combier@gmail.com
Editor, Advocatz.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Parent calls cops after maskless students pulled from class at New York school

By Jesse O'Neill, NY POST, September 3, 2021

A Long Island parent called the cops after their child and five other middle school students were pulled out of class for not wearing masks, police said Friday.
The six students at Islip Middle School were moved to the gym by a security guard Thursday over their non-compliance with the mask rule, according to Suffolk County Police.

A police spokesperson told The Post officers “took a report” — but that the situation was “not really a police issue.”

The school district did not immediately respond to a request for comment Friday evening, but Islip Superintendent Dennis O’Hara has said that students who refuse to wear a mask will face consequences.

“As discussed with our community previously, any district student who does not adhere to the mask mandate will be brought to an alternative location where students are advised to either put on a mask or wait for their parent/guardian to pick them up,” O’Hara told ABC7.

The New York State Department of Health announced last week that all public and private school students and faculty members would be required to wear masks indoors.

Sunday, December 13, 2020

Parents Fight the Forced Testing of Their Children For COVID-19

Parents and children gather in front of City Hall to protest the closing of NYC schools on Nov. 19. [photo:Mark Lennihan/AP] 

Everyone is being harmed and blamed for the COVID-public-school-complex blunders.
In NYC, people have set up walls around their opinions and refuse to negotiate. 
This is not good for anyone, of any age. But when there is institutional mismanagement such as we see in New York, where people who have a different opinion are threatened, hit, even killed, there has to be a serious concern.

We are for school choice. Public school is not the best learning environment for all young minds. See what is happening to gifted children. They are being punished. The test for the SHSAT, the Specialized High Schools, has not been scheduled yet by the Department of Education, an agency that has shown very little support or respect for any young person learning far above the average student.

Mayor Bill de Blasio's remote learning for some, then all, then some, then none, then only special needs children and elementary grade kids, doesn't work.

Many teachers have been given their accommodations until the summer, so there is a very large number of schools that simply do not have the staff and teachers to give in-person education. Many homeless children do not have the internet. No one really knows how many.

Meanwhile, many charters and religious schools have remained, and continue to remain, open, with appropriate precautions. Others have stayed closed through at least January, with all staff on board.
We need good management and Chancellor Carranza is just not giving this to us. It will be another year before we can vote de Blasio out.

Let's get politicians removed from public education by removing Mr. Carranza and Mayoral control and putting in an educator with a successful business background, as Chancellor.

Betsy Combier, betsy.combier@gmail.com
Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Battle brewing over COVID-19 testing requirements in NYC schools

Selim Algar, NY POST, December 4, 2020

City principals are set to clash with parents who haven’t submitted COVID-19 testing consent forms but still want their kids in class when schools reopen Monday.

The Department of Education has stressed that students who lack the document can’t participate in building instruction.

“In order to come to school in person, students need to have a consent form on file — there is no grace period for this rule,” DOE spokesperson Nathaniel Styer told The Post.

Parents who oppose the DOE’s in-school testing format are refusing to submit the forms and threatening lawsuits if their kids are barred from buildings.

“The decision by the Mayor and the DOE to force parents to consent to have their school-age children tested for the Covid Virus as a condition of attending school is outrageous, immoral and a violation of their constitutional rights,” read a statement from a group called Parents Opposed to Mandatory Testing.

Citing the need to limit building traffic, the agency has barred parents from being present for coronavirus screenings.

They’ve also disallowed families from providing results from private doctors, asserting that kids need to be tested at the same time on school grounds to establish representative samples.

Debates over the consent forms have erupted on social media, with some parents arguing that the tests are harmless and necessary to curb outbreaks while others counter that their children should not undergo the procedure in their absence.

City principals have been calling families in recent days to remind them of the requirement.

“If a student arrives on their first day of in-person without a consent form in hand or submitted online, you must call their parent or guardian that day to collect consent immediately,” according to guidance provided to principals by the DOE.

City Hall has not provided updated consent form data for several weeks and Mayor Bill de Blasio said this week that he did not have current figures on hand.

As of mid-November, the DOE had collected 117,000 forms from 335,000 kids enrolled in the city’s blended learning model.

Since the reopening of schools is occurring in phases, only 190,000 kids are eligible to return to their school buildings next week.

It remains unclear how many of them have yet to submit the consent forms and intend to arrive at school buildings Monday.

The DOE asserts that random weekly testing of students is critical for the successful reopening of schools — especially amid rising citywide infection rates.

“Testing is quick, safe, and necessary to keep schools open and we will follow up with families to make sure they fill out the form in order to return to buildings,” Styer said.

De Blasio said Wednesday that he expected a rush of consent forms to be submitted this coming week.

Only 117K NYC students have submitted COVID-19 test consent forms

November 20, 2020
Only 117,000 of the 335,000 city kids enrolled in the city’s suspended blended learning program have provided COVID-19 testing consent forms, the Post has learned.

Here's how many NYC schools closed due to COVID cases, just days after reopening

According to DOE data, Queens saw seven schools shutter, the Bronx had five, Brooklyn four, Staten Island two, and Manhattan one.

NYC school closes just one day after reopening due to COVID-19 cases

Grand opening, grand closing. A Queens elementary school was forced to close just one day after resuming in-person classes this week due to several COVID-19 cases, sources told The Post....

Battle brewing over COVID-19 testing requirements in NYC schools

City principals are set to clash with parents who haven’t submitted COVID-19 testing consent forms but still want their kids in class when schools reopen Monday. The Department of Education...

COVID-19 exemptions for teachers, principals extended through school year

The Department of Education has extended staff COVID-19 medical exemptions for the rest of the school year. The accommodation was granted Thursday to about 35,000 DOE employees, allowing them to...

Friday, November 27, 2020

Data on COVID-19 Spread in NYC Schools is "Political"

 

Students line up for temperature checks outside PS 179 Kensington, Brooklyn
in September. 
(Mark Lennihan/AP)

We are no fans of the New York City Department of Education administration, but we are supporters of educators, parents, and students in arguing for Department rules and regulations when these guidelines are properly in place. This is not a conflict, as every case is unique and every charge, allegation, or harm has its' own facts. Gotta dig, call, research.

But one thing that almost everyone agrees with is that we are not finding out what we need to know about the status of the virus, numbers of sick, or safety measures taken to keep those essential workers, students, and educators safe. It's all smoke and mirrors. Every decision made by the Department is, it seems, "political", as Attorney and Deputy Chancellor Adrienne Austin told parents as the reason why the SHSAT test for entrance to Specialized High Schools is not being given.

Here is a post from the NY POST on November 25, 2020:

De Blasio says he has no plan to reopen the NYC schools he closed
By Nolan Hicks, Carl Campanile and Natalie Musumeci, NY POST, November 25, 2020

Mayor Bill de Blasio on Wednesday made the stunning admission that he closed city public schools due to rising COVID-19 infection rates without having a reopening plan in place — and took sole responsibility for the blunder.

“Honestly, I have to hold myself responsible,” de Blasio admitted during a City Hall press briefing when asked by a reporter why a schools reopening plan was not created before he ordered school buildings shuttered indefinitely for in-person learning last week.

“The better situation would have been, clearly, to have that plan all worked through in advance,” de Blasio confessed, while offering no solution to the problem.

Parents and city officials alike blasted de Blasio for the boneheaded move, which came despite no such move by the state to shutter or scale-back restaurants or other businesses that have been more closely linked to spread of the virus.

Parents protest [photo: Gregory P. Mango]


Sam Pirozzolo

Sam Pirozzolo, vice president of the NYC Parents Union, whose son attends a Staten Island high school, called de Blasio and Schools Chancellor Richard Carranza’s handling of city education during the coronavirus pandemic “beyond incompetence” when asked about the mayor’s rare mea culpa.

“This is not real education. It’s getting worse and worse and worse,” Pirozzolo fumed of the remote and hybrid schooling plan.

Haile Rivera, who has two children enrolled at PS 91 in The Bronx, said, “This decision to close the schools has just led to more confusion and frustration.”

But, the dad said of de Blasio, “Finally, the man admitted he made a mistake.”

“De Blasio was trying to show he was leading the nation by opening New York’s schools. He got a few headlines,” said Rivera, who is running for City Council next year. “Then he closed the schools. How embarrassing.”

The de Blasio administration, over the summer, established that in-person learning at all Big Apple public schools would stop if the citywide coronavirus infection rate hit 3 percent on a rolling seven-day average.

That metric was hit on the nose last Thursday, and de Blasio switched all students at city schools to 100 percent remote learning.

And since a plan to get the schools back open was not in place, despite weeks of city data showing COVID-19 infection rates inching closer and closer to the 3 percent threshold and the mayor being asked about it by reporters almost daily, the de Blasio administration has been scrambling to figure out what to do next.

“I think what really happened was — as with everything COVID — we had a moving target. We were trying to see if there were measures we could take to avoid going past the 3 percent,” said de Blasio, who first admitted last week that a schools reopening plan had not been formulated.

The mayor — who the Post reported in October has taken to long walks before and after his daily press briefings, instead of busying himself at City Hall — explained, “That’s really where our energy was going, deploying the testing, trying to take actions that we thought might avert the original measure being hit.”

“And honestly, we’re putting tons of energy — all of us — into trying to keep making the schools better, trying to address the huge numbers of questions that came up with blended learning, with remote learning and so many other things,” he said.

Still, de Blasio owned up to the basic fact that he should have had a back-up plan ready to go in the event that that the city’s coronavirus infection rate hits 3 percent or more over a seven-day average.

“I think we didn’t have a plan B and we should have had a plan B, but I also understand why we didn’t because we were really dealing with so many day-to-day, hour-to-hour issues and trying to avert getting to that three percent,” he said.

And de Blasio ordered the public schools shuttered even though he has said that the schools have proven “to be very safe.”

According to the Department of Education, random internal testing of students and staffers in school buildings consistently yielded minimal infection rates hovering around 0.19 percent.

De Blasio promised Wednesday that the details of a reopening plan will be revealed next week.

Many New Yorkers have pointed out the seeming incongruity of closing schools amid a spike in COVID-19 cases, while Big Apple restaurants and other businesses have not been ordered closed by the state.

Pirozzolo called the 3 percent threshold to close schools an “arbitrary” and “bogus” number.

“This is all BS. It’s not based on science,” he railed.

Eric Nadelstern, a former deputy schools chancellor under Mayor Mike Bloomberg, echoed those remarks and said the 3 percent threshold was “set too low.”

“The NYC school system is in chaos,” said Nadelstern, adding, “It’s nice that de Blasio admitted that he doesn’t know what he’s doing. You have a mayor who doesn’t have a plan and a chancellor [Richard Carranza] who doesn’t have a clue.”

Nadelstern said there’s “real damage” happening within the city’s school system — the largest in the nation — and predicted that parents will pull children out due to inadequate remote instruction and uncertain policies.

“I think it’s important for the public to be aware that [de Blasio] chose for it to be this way,” said Councilman Mark Treyger (D-Brooklyn), who chairs the Education Committee. “This is not the best that New York City can do, this is the best that he can do.”

State Sen. John Liu (D-Queens), who chairs the senate’s New York City education panel, said, “The sad reality is that DOE officials, along with teachers and principals, could have had a comprehensive plan with contingencies in place by September, but they were scuttled by the mayor’s obstinate pursuit of in-person schooling at the expense of the vast majority of students and families.”

“Schools would be better off if de Blasio were less controlling,” said Liu.

Meanwhile, the latest city data shows that the Big Apple has a 3.05 percent infection rate on a seven-day rolling average, while the daily citywide positivity rate is at 2.74 percent.

That data also shows that on Monday, hospitalizations have increased with 141 new patients admitted to city hospitals with suspected COVID-19 and 45 percent of them testing positive.

“Overall, our hospitals are doing very, very well, but that jump is a concern,” de Blasio said.

The city’s seven-day rolling average of new virus cases is at 1,447.

*********************************************************************

From Editor Betsy Combier:

Politics should not override safety nor play a part in opening/closing schools. Period. End of discussion.

Staten Island Councilman Joe Borelli Sues The NYC DOE To Re-Open Schools



  Betsy Combier

Editor, Inside 3020-a Teacher Trials   

NYC schools’ low COVID-19 test rate shows disease likely not spreading in classrooms — but experts see limits on data
Michael Elsen-Rooney, NY DAILY News, November 25, 2020

Some 160,000 COVID-19 tests of staff and students in the city’s schools since October have shown a positivity rate of 0.28% — a figure epidemiologists called surprisingly low, and a possible sign the disease is not spreading widely in classrooms.

“Surveillance testing has turned up much fewer cases than anyone expected” in city schools, said Denis Nash, a professor of epidemiology at CUNY’s School of Public Health.

The widely reported citywide positive rate — the four-week rolling average was reported at 2.73% on Wednesday — includes only people who sought testing.

People who seek out tests are more likely to be ill, city officials say. The actual prevalence of the disease in the city is believed to be much lower, though estimates vary.

Epidemiologists believe the school positivity rate might be a better measure of the actual prevalence of the virus in city schools because the school rate is collected from random samples of people.

The prevalence of the virus in city schools “probably ends up being similar” to the prevalence citywide, said Anna Bershteyn, a professor in the Department of Population Health at NYU’s medical school.

But health experts say there are limitations in what the data says about the safety of city schools — and have some ideas for how city officials can improve the school testing program.

One idea is data showing how the positivity rate in school has changed over time. That could help experts track to spread of the virus in schools.

“What is needed…are snapshots in time,” said Michael Mina, a professor at Harvard’s T.H. Chan School of Public Health, who consulted with the United Federation of Teachers on the original proposal for the testing program.

“They report overall. But much more important is to understand whether things are going up or going down. That’s important,” Mina said in an email.

The Education Department briefly posted on Wednesday that the seven-day-rolling average for school infection rates from Nov. 15 to Nov. 22 was 0.59% — more than twice the .28% average for the school year.

The agency removed that statistic later that day, and a spokesman provided no explanation.

City officials say the original goal of the testing program was to keep tabs on the effectiveness of safety measures like mask mandates, social distancing, ventilation, and contact tracing – rather than rooting out and stopping outbreaks on its own.

“It’s going to help us understand how much undiagnosed infection is there and are our prevention measures working the way they should,” Jay Varma, Mayor de Blasio’s senior health adviser, told the City Council in October. “Testing isn’t our first line of defense in the city.”

Mayor de Blasio has said that when schools reopen, testing will be more widespread, and more frequent. State guidelines for reopening schools in COVID-19 hotspots mandate testing 25% of the school population each week – though those exact rules may not apply to city schools.

In a working paper last month, Bershteyn estimated the city would need to test half of each school’s population twice a month to catch outbreaks.

The expanded testing program will require each of the roughly 335,000 city students expected to return to in-person learning to submit consent forms, city officials say.

Nash, the CUNY epidemiologist, urged the city to take advantage of “pool” testing, where multiple samples – like an entire class of kids – can be analyzed in the same batch. If all are negative, there’s no need for further examination. If there’s a positive, health officials can re-test the samples individually to find the infection.

Bershteyn said another way to beef up the testing program would be to offer a test to every student and staffer in a school after a positive case is reported. That could help health experts isolate the “secondary attack rate,” or the likelihood that one positive case will spread to another person in a given setting.
“I still think we could shed more light on the safety of schools if we could do more testing, and especially more testing after a case is identified in a school,” she said.


Mike Elsen-Rooney covers education for the Daily News. He previously covered education for The Teacher Project at Columbia Journalism School and The Hechinger Report, and his work has appeared in The Atlantic, Bloomberg, and the Boston Globe Magazine, among others. Mike’s a former high school Spanish teacher and afterschool program coordinator.