Executive Order Requires Reporting on COVID-19 Vaccinations and In-Person Student Instruction

Executive Order Requires Reporting on COVID-19 Vaccinations and In-Person Student Instruction

KEEPING YOU INFORMED…

On Monday, Governor Cuomo issued Executive Order 202.95. In addition to continuing until March 24, 2021 the temporary suspension and modification of laws and directives made in prior executive orders related to the COVID-19 emergency, this Executive Order mandates reporting on in-person student instruction and COVID-19 vaccinations for P-12 public and non-public schools, school districts and teachers.

Commencing Wednesday, February 24, 2021, and every Friday thereafter, every school or school district must report to the Department of Health (“DOH”): (1) the “number of completed COVID-19 vaccinations reported in the prior week;” and (2) the “number and percentage of teachers instructing students in-person” during the same period. Executive Order 202.95 also allows the DOH to collect other data elements that the Commissioner of Health deems appropriate to track in-person instruction.

The Executive Order requires that each teacher “report that they have received a COVID-19 vaccination” to the employing school or school district, upon request of the school or district for DOH reporting purposes only. The Executive Order expressly states nothing in the order requires a teacher to receive a COVID-19 vaccination.

The form and manner of the weekly reporting will be determined by the DOH.

Should you have any questions regarding Executive Order 202.95, please contact Lindsay Crocker or Michelle A. Mahabirsingh or any of our other education attorneys by calling 631-694-2300.

THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

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