A week before school districts in New York State must submit plans for reopening, they continued to get conflicting guidance.
Are students in classes required to socially distance 6 feet “or” wear a mask?
Or are students required to socially distance “and” wear a mask?
Those two little words make a huge difference and the conflicting guidance issued by the state was debated for days among the highest levels of state government and the powerful state teachers union.
And that debate answered the question of whether most schools can fully reopen with in-person classes.
If students can be closer than 6 feet apart, then classrooms could be full with all students and the teacher wearing masks. If students must stay 6 feet apart even while wearing masks, that would be difficult for most schools to accommodate all students in the classroom at the same time.
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Pressure from the teachers union has appeared to settle the matter – the answer is “and.”
"A number of us believed that we had a plan, that we were comfortable in bringing back 100% of kids with 6-foot social distancing or a mask," said Cleveland Hill Superintendent Jon MacSwan.
Requiring social distancing and a face mask changes the dynamics of reopening schools, particularly on the Maryvale Drive campus with 2,000 students and staff, he said. It means schools would have to employ distance learning or a hybrid of in-person and remote learning.
"Social distancing and mask, as now how it has to be interpreted, would be virtually impossible," MacSwan said. "We're all trying to get our heads around it."
It's not just small school districts like Cleveland Hill that would be affected.
“When the change came out it, and it was the ‘and,’ it was really important that we spend most of our time working on a hybrid model and the completely virtual model,” said Darren Brown-Hall, chief of staff for Buffalo Public Schools, home to more than 30,000 students.
“Some of our buildings are older and the class space isn’t that big to begin with, so that would make it very difficult to bring back students 100%,” he said. “I’m positive it’s not feasible.”
Districts are to submit their reopening plans to the state by Friday. They are to address how they would conduct in-person, remote and a hybrid mix of the two types of instruction.
Gov. Andrew M. Cuomo said he would make the decision on whether to open schools in each region of the state during the first week of August.
Union steps in
The issue of conflicting interpretations started more than a week ago after school administrators had a chance to digest more than 160 pages of guidance issued to districts by state Health and Education Departments.
Guidance from the Health Department said face coverings are “strongly recommended at all times, except for meals and instruction with appropriate social distancing.” But districts “can require face coverings at all times even during instruction,” the Health Department said.
The state Education Department followed up with a list of frequently asked questions, including one that addressed whether students must maintain a 6-foot distance from others at all times.
The answer: Schools must require social distancing of 6 feet "or" barriers "or" face coverings.
Some superintendents interpreted that to mean as long as students wore masks, districts could return all students to the classroom. In fact, a number of districts in Erie County had begun to plan for that scenario, according to four people familiar with the situation.
But as soon as the state teachers union got wind of that, it stepped in.
“A little word like ‘or’ changed the whole dynamic of school reopening,” said Andy Pallotta, president of the New York State United Teachers, the state's largest union with more than 600,000 members.
'Easy way out'
The guidance, the union argued, calls for both a mask and social distance. That way districts couldn’t just cram everybody back into the building, but rather force them to consider a mix of online and in-person learning to reduce density.
“If you just said, ‘Everybody wear a mask,’ well, that would be an easy way out,’ Pallotta said. “It wouldn’t be a smart way out, but it would be an easy way out.”
The different interpretations triggered several days of discussions among the union, the governor’s office and the state Education Department.
On Wednesday, the state Education Department updated its guidance with language the union found more palatable.
Schools must ensure “appropriate social distancing” - 6 feet of space in all directions - and “configure spaces” to maintain that proper distance, the department said. It also reiterated that face coverings are “strongly recommended” at all times and that districts can require them.
Pallotta said the language is “very clear.”
“It is ‘and’ not ‘or,’” he said.
Palotta commended Board of Regents Chancellor Betty Rosa and James Malatras, president of SUNY Empire State College and chair of the governor’s Reimagine Education Advisory Council, for providing clarification.
“We saw the confusion by the little word ‘or’ and we spent the last five days working on that word,” Pallotta said. “In the end, I think we’re going to be OK with this language.”
When The Buffalo News reached out to the state Education Department about whether it was "and" or "or," it referred questions to the state Health Department and Cuomo's office.
The governor's office did not respond to the question.
In an email, the Health Department reiterated guidance that appropriate social distancing should be maintained at all times and that face coverings are highly recommended.
In Niagara Falls, Superintendent Mark Laurrie said he didn't consider returning fully to the classroom.
“I think the safest way is to open slowly and cautiously and do both, face coverings and social distancing, where possible,” he said.
But that hasn't been the only issue where there has been uncertainty.
Small spaces
Guidance from the Health Department addressed “small spaces,” where occupancy should “not exceed 50% of the maximum capacity of the space.”
The guidance specifically mentioned spaces like elevators, supply rooms and faculty offices, but did not mention classrooms.
The state teacher's union maintains the 50% capacity covers classrooms, although some administrators privately disagree with that interpretation.
“We’re including classroom,” Pallotta said.
“When you cannot put a full class of say 28 students in one room, you just have to figure something else out like utilizing your middle schools for elementary schools,” Pallotta said. “That’s why it’s going to be difficult for some districts to do this.”
Given so many issues that need to be addressed, it does raise questions about whether it's realistic for schools to reopen fully in September.
“Is it possible to do this?" the union chief said. "The definite answer is, ‘Yes.’ They just have to work at it and come to reasonable conclusions.”
One superintendent told The Buffalo News on Thursday that there is a lot of confusion surrounding the guidance, and districts have been trying to clarify and interpret it and finish their reopening plans.
"It's going to be a long weekend," the superintendent said.

