BUFFALO, N.Y. (WBEN) – A New York Supreme Court judge wants the state health department to review its guidelines on social distancing in school.
Judge Emilio Colaiacovo wants to hear by this Friday why the state health department feels it's appropriate to still require six feet of social distancing in schools given new studies that show three feet is appropriate.
Tuesday's court appearance was more-or-less a continuation of arguments from last week, only this time featuring parents from Orchard Park Schools rather than Williamsville. The parents want their children in school five days per week, but state guidelines only allow for 6 feet of social distancing in schools for areas with a high rate of COVID-19 transmission.
Because Erie County is an area with a high positive test rate, expanded reopening at area schools is not possible.
Judge Colaiacovo criticized the state for taking weeks to revise its guidelines after Health Commissioner Howard Zucker said on February 25 he planned to address schools.
"Had I not directed them to do it, I think we'd still be sitting here using outdated data," Colaiacovo said.
State attorneys disagreed, saying the state health department revised guidelines two weeks after the CDC gave new guidance on social distancing in schools.
The judge was also critical of the state for not prioritizing schools because it fundamentally affects more people than places like gyms, sports venues, and the state fair. Governor Cuomo on Monday announced plans for the annual fair to happen this summer and expanded capacities at gyms, offices, and venues.
[shortcode-inline-related expand="1" link="/wben/news/local/more-elementary-students-are-returning-to-classrooms-today" headline=""It's like the first day of school" - the return of elementary students to 5-day in-person learning" image="/media-library/image.jpg?id=63632058"]"Why can't they continue to evolve and adapt these guidelines pertaining to high schools and middle schools as we know more?" Colaiacovo asked.
Judge Colaiacovo will issue one written decision for both Williamsville Schools and Orchard Park Schools complaints "in short order". It's unclear exactly when the decision will be made public.
