County letter, 'inconsistent' rules stir confusion over mask breaks in schools

The practice is a common one in many classrooms throughout New York, but a letter from Erie County Health Commissioner Dr. Gale R. Burstein to Williamsville Central Schools caused confusion when it said that New York State does not permit students to take mask breaks. 

Buffalo Public Schools does not provide for the practice, either. 

But 20 months into the Covid-19 pandemic, many parents and children remain frustrated with mandates that led to the closing of school buildings and remote learning, and some parents went to court to challenge the mask requirement.  

At least one parent was ready to pull her daughter out of her Williamsville school because of the letter. And the Erie-Niagara School Superintendents Association notes that the state Health Department "is silent" on the issue, which the association interprets as not prohibiting the mask breaks.

"One of the many things that frustrates people is you have inconsistent application of rules, or you have the enforcement of rules that defy logic," said Hamburg Superintendent Michael Cornell, who is president of the Erie-Niagara School Superintendents Association. "That undermines the legitimacy of rules that might actually be necessary."

The latest confusion started Friday, when Burstein wrote to Superintendent Darren J. Brown-Hall, saying the county had received complaints about Williamsville schools allowing students to take "mask breaks" during the day.

The county's letter had parents and school leaders perplexed and agitated, particularly since the county had included the allowance of mask breaks in its own Covid-19 guidance issued in August, before New York State issued overriding guidance for the school year.

Burstein said in her letter to Brown-Hall that the state Health Department's guidance does not allow for mask breaks.

In her letter, Burstein quoted the state guidance, which says: "Provided that schools are permitting 'mask breaks' against the emergency regulations, local health officials are permitted to enforce these regulations as they determine necessary."

Asked for clarification, a spokeswoman for the Erie County Health Department said the letter sent to Williamsville was "routine correspondence," similar to other public health educational outreach.

"To be clear, our letter did not remove the mask break as an option. We reminded this district of NYSDOH guidance, which is controlling for all public and private K-12 schools," Erie County Department of Health spokeswoman Kara Kane said in an email.

And she added that "educational outreach is our department’s initial step in enforcement." Neither Kane nor Burstein said what type of enforcement or penalties could be imposed if Williamsville, or any other district, continued to allow students to take mask breaks.

Later Tuesday, Kane issued a news release saying the department did not intend to impose penalties on the schools.

"Proper and consistent use of masks is an important way to reduce the risk of COVID-19 transmission, but our department’s primary focus continues to be education, outreach, testing and vaccination efforts – not punitive measures," the release said.

Buffalo Public Schools issued guidance before school opened that said "masks are required for all individuals inside school buildings regardless of vaccination status."

"We continue to watch the science and keep track of cases," a Buffalo Public Schools spokeswoman said in an email.

Several Buffalo parents told The Buffalo News that their children don't get mask breaks. Some Williamsville parents posted on Facebook that their children got breaks, while others said they did not.

In a letter Monday to Burstein, Brown-Hall said he was "deeply concerned" and asked the health commissioner if the clarification on mask breaks was sent only to Williamsville.

"I also remind you we have close to 10,000 students and countless families that send their children to private schools that will be affected by this change," he wrote.

Brown-Hall's response, which he sent to parents, prompted some parents to say they would come out in support of him before Tuesday's School Board meeting. 

Williamsville parent Dana Hensley said she asked her oldest daughter what the family should do if mask breaks are not allowed.

"I would pull her and home-school her," she said, adding that is not an option for every family and not ideal for her family. "I'm not going to allow her to sit there all day long and not be allowed to take her mask off."

Cornell said he has contact with many superintendents throughout the state through the New York State Council of School Superintendents.

"If mask breaks are a threat to public health in schools, why is only Williamsville being singled out?" Cornell said.

In its guidance issued before school started, Erie County included five-minute mask breaks every hour for students. But it added a notice that said as of Sept. 27, schools should follow state Health Department guidance.

Cornell said students are spaced out during mask breaks.

"The only humane way to have a mask mandate is also to allow mask breaks," he said.

Cornell also issued a letter to Hamburg parents Monday, telling them mask breaks would continue in Hamburg schools.