New York City Schools Mandatory Vaccinations Temporarily Halted
A Second Circuit injunction has stopped the largest school system in America from mandatory vaccinations, for now.
A coronavirus vaccine mandate for teachers and other employees in New York City schools, the nation’s largest school district, has been temporarily halted by a federal appeals court just days before the deadline.
The injunction, granted Friday by a judge in the U.S. Court of Appeals for the Second Circuit, comes as many school districts nationally are adopting vaccine rules in an effort to keep schools open for in-person learning amid the spread of the highly contagious delta variant.
In New York City, 18 percent of the system’s nearly 150,000 employees had not yet shown proof of vaccination but had until midnight on Monday to do so, according to school system officials.
Under the judge’s order, the case will now go to a three-judge panel. It was filed by four city educators who argued that while safety is essential, the punishment for those who do not comply with the mandate — potentially losing jobs, benefits or seniority — is “draconian.”
That severity of such consequences “shocks the conscience, violates constitutional rights, and not only should not be permitted but must be restrained immediately to prevent irreparable harm,” the complaint said.
New York City school officials, who argue the mandate could save lives at a time when hundreds of thousands of students are not yet eligible or able to be vaccinated, said Saturday they expected to prevail. The mandate does away with the option of getting tested weekly instead of a vaccination.
“We’re confident our vaccine mandate will continue to be upheld once all the facts have been presented, because that is the level of protection our students and staff deserve,” Danielle Filson, of the New York City Department of Education, said in an email.
Filson said the system’s current “vax-or-test” mandate remains in effect and officials are seeking a “speedy resolution” by the court.
About 88 percent of teachers and 95 percent of principals are vaccinated, according to the education department, with more than 7,000 vaccinations administered on school campuses last week.
A lawyer for the city educators who filed the complaint did not immediately respond to a request for comment Saturday.
The legal action is not the only challenge to the city’s school employee vaccination mandate. A state judge considering a different case last week decided in favor of allowing the mandate, though the case is not closed.
New York Mayor Bill de Blasio announced the vaccine mandate in late August, saying all staff — teachers, principals, custodians, food-service workers — must have at least one dose by Sept. 27 to ensure in-person learning continues as the pandemic persists.
18 percent of the system’s … employees had not yet shown proof of vaccination
So that’s 82% that have done so.
About 88 percent of teachers and 95 percent of principals are vaccinated, according to the education department, with more than 7,000 vaccinations administered on school campuses last week.
So the disjoint is with the not-teachers and not principals.
Coaches? Admin staff? Assistants? Janitorial?Report
Vaguely related:
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I don’t know much about the business/labor dynamics of nursing… but in our little town/community there are a lot of Nurses who regularly drop out of the employment pool because they aren’t happy with the state of nursing. Feels like covid is exacerbating some underlying problems, making them worse, which then creates a bit of a spiral as nurses opt out.
Which is just to say, making an example of Nurses por l’autres is not the place to start… maybe at the end when things are heading for a soft landing it would be possible to address the underlying issues and look at vaccination policies en masse.Report
Before I went into the technology side of healthcare I was in provider (primarily nurse) staffing. My experience is they really run the gamut from being fixtures at a particular hospital or practice to (sometimes kinda sketchy) hired guns traveling to wherever the hourly rates are highest at a given period of time.Report
Checks out… their book group name is Sketchy Hired Guns.
But yeah, it’s the weirdest thing… like my wife will come back and say that Sally works two states over for 48-hrs straight on Tues/Weds. Doesn’t even go home, sleeps at the hospital and gets crazy overtime hours. Then she’ll stop doing that after, say, 8 months – because, you know, 48-hrs two states over. Then 6 months after that she’s got a new gig.
Weird too because even our little town has a brand new hospital not to mention the big hospitals in each county within 20 min drive. As I say, some sort of weird incentives going on from what I can tell on the outside.Report
… as a side note, I don’t have Health Care accounts any more… but over the past 20-yrs I’ve put a few tech contracts in place for health care accounts in MD. Would be funny if one of your worst contracts is one I negotiated. 🙂Report
It’d certainly be interesting! Though these days I work for the companies licensing the tech to hospitals and providers. From your perspective we would probably be a technology account.Report