Bill Text: NY A08487 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to implementing mask requirements in schools; provides that the commissioner shall calculate the level of community transmission of COVID-19 on a district-wide basis; provides such calculations shall be compared to the CDC's threshold for a high level of community transmission; provides school districts below such threshold shall allow the decision to wear a mask to be made by the student's parent, legal guardian or the student, if such student is emancipated; provides school districts that meet the CDC threshold shall require students to follow any guidelines established by the commissioner.

Spectrum: Partisan Bill (Republican 16-0)

Status: (Introduced - Dead) 2022-05-10 - held for consideration in health [A08487 Detail]

Download: New_York-2021-A08487-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8487

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    November 17, 2021
                                       ___________

        Introduced  by  M. of A. DURSO, DeSTEFANO, SIMPSON, ANGELINO, MANKTELOW,
          JENSEN, J. A. GIGLIO, SALKA,  GALLAHAN,  TANNOUSIS,  LAWLER,  BARCLAY,
          MIKULIN,  McDONOUGH,  BRABENEC, TAGUE -- read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation to implementing  mask
          requirements in schools

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 2182 of the public health law is renumbered section
     2  2183 and a new section 2182 is added to read as follows:
     3    § 2182. School district  COVID-19  data;  mask  requirements.  1.  For
     4  purposes  of  this section, the term "mask" shall include, but shall not
     5  be limited to, cloth masks, surgical masks and N-95 respirators that are
     6  worn to completely cover a person's nose and mouth.
     7    2. All persons or entities that conduct COVID-19 testing shall require
     8  the individual being tested to disclose the  school  district  in  which
     9  they  reside.  Such school district information shall be included in any
    10  report of laboratory results that are submitted  to  the  department  or
    11  other health authority.
    12    3.  Based  on the data received by the department pursuant to subdivi-
    13  sion two of this section, the commissioner shall calculate the level  of
    14  community transmission of COVID-19 on a district-wide basis. Such calcu-
    15  lations  shall  be  based  upon the current standards established by the
    16  federal centers for disease control and prevention, hereinafter referred
    17  to as "the CDC". The commissioner shall update and publish  such  calcu-
    18  lations  to  the  department's  public  website on no less than a weekly
    19  basis.
    20    4. (a) In the event that a school district has a  level  of  community
    21  transmission  of  COVID-19  that is below the CDC's threshold for a high
    22  level of community transmission, according to  the  most  recent  calcu-
    23  lations by the commissioner, the decision to wear a mask while attending

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13195-01-1
        A. 8487                             2

     1  school  shall  be made by the student's parent, legal guardian or by the
     2  student if such student is legally emancipated.
     3    (b)  In the event that a school district meets the CDC's threshold for
     4  a high level of community transmission of  COVID-19,  according  to  the
     5  most  recent calculations by the commissioner, all students shall follow
     6  any current regulations and guidelines established by  the  commissioner
     7  concerning the wearing of masks while attending school.
     8    § 2. This act shall take effect immediately.