Wednesday afternoon, Governor Andrew Cuomo posted his forty-first Executive Order during this state of emergency. Executive Order 202.40, issued on June 9, 2020, suspends or modifies certain provisions of the New York Education Law in response to the efforts to combat the COVID-19 crisis. Executive Order 202.40 is effective from June 9, 2020 through July 9, 2020 and can be found here.
SUPENDED OR MODIFIED LAWS, REGULATIONS AND CODES
Executive Order 202.40 modifies certain sections of New York State Education Law to provide:
- In the event that the original budget proposed by a school district is not approved by the voters at an election held on June 9, 2020, pursuant to Executive Order 202.26, any resubmission to the voters of the original or revised budget shall be conducted at a date and by a process determined by and subject to a future Executive Order, provided, however, such revote shall not occur prior to July 9, 2020.
CONTINUATION OF PREVIOUSLY ISSUED EXECUTIVE ORDER
In addition to the modification of law discussed above, Executive Order 202.40 also continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202.30 until July 9, 2020 subject to the following further modification:
- Executive Order 202.30 previously modified Public Health Law section 4656(7) and sections 415.26 (C)(1)(v)(b), 487.9(a)(8) and 488.9(a)(5) of Title 10 of the NYCRR to require operators and administrators of all nursing homes and all adult care facilities, including all adult homes, enriched housing programs and assisted living residences, to test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff, operators and administrators, for COVID-19, twice per week.
- Now, Executive Order 202.40 amends this modification to the extent that the operators and administrators of all nursing homes and all adult care facilities, which are located in regions that have reached Phase Two of reopening, must test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff, operators and administrators, for COVID-19, once per week. As of June 10, 2020, this once a week testing would apply to nursing homes and adult care facilities in all regions of New York State except New York City.