ORCHARD PARK, N.Y. — New York State Supreme Court Justice Emilio Colaiacovo is waiting to make a decision on the petition brought by parents of children in the Orchard Park Central School District.
He has ordered the State Department of Health to re-evaluate the guidance mandating students maintain a distance of six feet. He's ordered a response be given to him no later than Friday, April 30 .
The hearing began with Justice Colaiacovo asking the attorney representing the parents a specific set of questions about a study out of Massachusetts. Specifically, the judge asked how the study, would relate to the circumstances in Erie County.
Further questioning directed at a representative from the Orchard Park Central School District centered on the relevance in following the guidelines considering other parts of the state were opening.
At one point the judge pointed out that NYS was moving forward with the State Fair, it seemed confusing that they would not modify the restrictions on the distance students were able to maintain while in school.
Earlier this month, the state reissued guidance around school attendance. Under the new guidelines, students in elementary school could maintain a distance of three feet with a mask. Students in grades 6 through 12 must maintain a distance of six feet in counties with a high rate of spread.
