FOR IMMEDIATE RELEASE: November 19, 2020
(New York, NY) Catholic schools of the Archdiocese of New York, along with several Catholic school parents, have filed a lawsuit seeking to compel the New York City Department of Education to live up to its legal requirement to provide Covid-19 testing for its students, as required by New York State Law. The case was filed late Wednesday in New York State Supreme Court on Staten Island.
The suit seeks immediate relief that would require the City DOE to fulfill its legal mandate to provide such services as described in section 912 of New York State Education Law, which requires school boards, like the New York City Department or Education, to provide children attending nonpublic schools within their districts with “all of the health and welfare services” they provide to their public school students, including “the administration of health screening tests.” The filing goes on to assert that the City has thus far provided Catholic and other non-governmental schools with different and inferior testing options, in clear disregard for the requirements of the Education Law.
Given the current spike in Covid-19 cases, the Catholic schools and school parents are seeking emergency relief from the courts, so that our students, families, faculty, and staff can continue to educate safely, and in conformity with state guidelines.
A hearing has been set for Monday, November 23, 2020 at 2:30 p.m. To date, the New York City Department of Education has provided no response.
A copy of the court filings can be found below.
The Catholic schools have been safely open for in-person instruction since September, and have carefully followed all city and state health regulations, in conformity with the Catholic Schools Reopening Plan as established by the Health and Safety Task Force of the Office of the Superintendent of Schools.
Catholic Schools in the Archdiocese of New York serve nearly 62,000 students from Pre-K through 12th grade in 172 schools across 9 counties and boroughs throughout New York. Catholic schools offer a unique combination of academic and spiritual development that empowers children of all backgrounds to gain the confidence to realize their fullest potential.
Index #: 85205/2020
Caption: DEPARTMENT OF EDUCATION OF THE ARCHDIOCESE OF NEW YORK et al v. RICHARD A. CARRANZA et al
Assigned Case Judge: No Judge Assigned
|Doc #||Document||Received Date|
NOTICE OF VERIFIED PETITION
|2||ORDER TO SHOW CAUSE – ACCOMPANYING COMMENCEMENT DOC(S) (PROPOSED)|
ORDER TO SHOW CAUSE
AFFIRMATION OF URGENCY
|4||AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP|
AFFIRMATION OF JAMES D. HERSCHLEIN
Ex. 1 – March 12, 2020 Press Release
Ex. 2 – March 16, 2020 Press Release
Ex. 3 – Guidelines for In-Person Instruction
Ex. 4 – July 9, 2020 Press Release
Ex. 5 – October 9, 2020 Interim Guidance on Mandatory COVID-19 Testing in Public and Non-Public Schools
Ex. 6 – Executive Order No. 202.68
Ex. 7 – November 3, 2020 Interim Guidance on COVID-19 Test-Out for Public and Non-Public Schools
Ex. 8 – November 12, 2020 Addendum to Interim Guidance on Mandatory COVID-19 Testing in Public and Non-Public Schools
Ex. 9 – November 14, 2020 Additional Addendum to Interim Guidance on Mandatory COVID-19 Testing in Public and Non-Public Schools
Ex. 10 – November 12, 2020 New York City Health Department Guidance
Ex. 11 – COVID-19 Testing for Students and Staff
Ex. 12 – November 13, 2020 Letter
Ex. 13 – November 15, 2020 Letter
Ex. 14 – July 13, 2020 Press Release
Ex. 15 -November 18, 2020 New York Times Article
Ex. 16 – November 11, 2020 Family Letter in Yellow Zone Schools
|21||MEMORANDUM OF LAW IN SUPPORT|
PETITIONERS MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY INJUNCTION
|22||RJI -RE: ORDER TO SHOW CAUSE|