Governor Cuomo Issues Executive Order 202.95, Relating to Teacher and School COVID-19 Reporting

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;

NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, do hereby continue the suspensions and modifications of law and any directives, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until March 24, 2021,

IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through March 24, 2021:

  • A teacher employed by a P-12 school (public or non-public) or school district must report that they have received a COVID-19 vaccination to their employing school or school district upon request of the district for purposes of Department of Health reporting only. Nothing contained within this directive shall be read as requiring any teacher to receive the COVID-19 vaccination.
  • Commencing Wednesday February 24, 2021 and every Friday thereafter, every school and school district shall report to the Department of Health, on a weekly basis, in a form and manner to be determined by the Department, the number of completed COVID-19 vaccinations reported in the prior week, as well as the number and percentage of teachers instructing students in-person during the prior week.  Such weekly report shall include any other data elements as the Commissioner of Health determines to be appropriate to track in-person instruction in such schools and school districts.

G I V E N   under my hand and the Privy Seal of

the State in the City of Albany this twenty- second day of February the year two thousand twenty-one.

BY THE GOVERNOR