New “Test-to-Stay” Guidelines Require Written Board of Education Policy

As you may be aware, on December 23, 2021, the New York State Department of Health (“NYSDOH”) issued new guidelines on “Test-to-Stay” (“TTS”) protocols. Specifically, NYSDOH supports TTS as a strategy that allows asymptomatic unvaccinated school-based close contacts (e.g., students, teachers, school staff) to avoid school exclusion (but not other restrictions of quarantine) by testing negative through serial testing using rapid NAAT or antigen tests during a seven-day period following exposure. However, the guidance indicates that a school district can only take advantage of TTS if its local health department chooses to allow it.

Schools eligible to participate in TTS include all Pre-K through grade 12 schools (when the Pre-K is in a school building that also serves older students: not Pre-Ks that only serve pre-kindergarten students). Currently, NYSDOH is following the Centers for Disease Control’s guidance by not endorsing TTS for use in early childhood education settings.

If local health departments choose to allow TTS, they must ensure that participating school districts have a written policy that addresses several key issues of the strategy, for example:

• Limitations on TTS based on how the exposure occurred and whether the exposed individual is symptomatic;
• Acceptable testing regimens;
• Addressing students’ inability to pay for testing;
• District plans for following up on a discovered transmission (e.g., contact tracing); and
• Ensuring that tests are done correctly.

Should you need assistance with drafting such a TTS policy, please contact Mike Dodd at 315-437-7600.