Latest state guidance creates more confusion about mask breaks in schools

And many have been taking breaks from wearing masks during the day, which school officials say is a component that provides needed flexibility. In many schools, the breaks come at intervals throughout the day, and often are staggered to maintain social distance.

But as with many Covid-19 requirements for schools, confusion about mask breaks continues. Are they allowed, or aren't they?

And as is often the case, the answer depends on who you ask.

Guidance issued Friday on Gov. Kathy Hochul's statewide mask requirement said the state does not "provide for the implementation of 'mask breaks' during the school day, nor does it provide for an exception to the masking requirement on the basis of minimal social distancing in classrooms."

Previous guidance included wording that local health officials are given the duty and discretion as to how the requirements are enforced. And that meant that most local health officials allowed the breaks.

It's not the first time confusion has ensued over mask breaks.

Last month, Erie County Health Commissioner Dr. Gale R. Burstein sent a letter to Williamsville Central Schools stating that New York State does not permit students to take mask breaks. That caused a stir, and not just in Williamsville. Other school leaders were wondering if the mask police might descend on their schools.

A Health Department spokeswoman clarified the issue, saying the letter was sent to remind the district of the state guidance, but said that the department did not intend to impose penalties on the schools.

The state said its guidance "is in accordance with CDC guidance recommending universal masking in schools to keep children in school without risking close contact exposure and subsequent quarantines."

The state Health Department did not respond to questions from The Buffalo News Monday and Wednesday about whether local Health Departments have discretion to enforce requirements.

Thursday the state gave this response:

"To be clear, 'mask breaks' in school were never endorsed by the department. Masks help stop virus spread and should be used at this time per the Governor's order.

"Masks may still be removed when eating, drinking, singing, or playing a wind instrument; when masks are removed for these purposes, individuals must be spaced 6 feet apart. Further, as guidance issued by the department stated in September, 'In general, people do not need to wear masks when they are outdoors (e.g., participating in outdoor play, recess, and physical education activities). CDC recommends those who are not fully vaccinated wear a mask in crowded outdoor settings or during activities that involve sustained close contact with others.'"

The state health commissioner's four-page determination Friday about the statewide mask mandate addressed various settings. And Robert N. Lowry Jr., deputy director for the New York State Council of School Superintendents, said the wording in the school section was different from previous versions.

"It seems to suggest there would no longer be any discretion," Lowry said. "We advocated for mask breaks in the summer before there was guidance issued from the state."

Lowry said superintendents heard early on that it was important to parents and students that mask breaks be offered.

"Families regard it as essential for their children," he said.

Masks have been tied up in controversy in the past. During the summer of 2020, when schools were preparing their reopening plans, confusion reigned over social distancing and masks. 

If students could be closer than 6 feet apart, then classrooms could be full with all students and the teacher wearing masks. If students had to 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. And the word before the start of school in 2020 was that students had to stay 6 feet away from one another and wear a mask, prompting most schools to turn to the hybrid model, bringing in half the number of students on any given day.

While mask breaks are not allowed in Buffalo Public Schools, they are in most suburban school districts.  

"The only humane way to have a mask mandate for kids in school is to have masking protocols that allow for some flexibility," said Hamburg Superintendent Michael Cornell, president of the Erie-Niagara School Superintendents Association.

He suggested state officials should be looking at other things, such as implementing a test-to-stay program to reduce the number of children who miss school when they are quarantined.

"As far as school superintendents, school boards and families are concerned, it's a settled matter," Cornell said. "We have the masking protocols that we've had in place since September of 2020."

And, apparently, it is settled. Lowry said Tuesday that the superintendents association attended a meeting Tuesday with the state Health Department, and was told nothing has changed with mask breaks. 

"They work, schools are safe, Covid does not spread readily at all in schools," Cornell said. "We got to where we are, they work and it’s a closed matter."