Archdiocese Of NY Sues City For Access To Free COVID-19 Tests At Catholic Schools

With the possibility that New York City can become an orange zone, the Archdiocese of New York is suing the city claiming Catholic schools are being cheated out of free rapid tests they claim are supposed to be provided to them under state law.

The Archdiocese plans to argue at a hearing set for Monday that the city is skirting a state law that obligates the Department of Education to provide the same "health and testing resources" to private schools as it does public schools. This includes rapid tests for COVID-19 to non-public students.

Attorneys representing the Archdiocese filed the lawsuit on behalf of parents and the 26 Catholic schools on Staten Island, where a large geographic portion is now engulfed in a yellow zone, requiring 20% of a school community's population to undergo random, bi-weekly testing.

The suit cites State Education Law 912 that states a board of education must provide non-public school students with the same services as public school students, including health screening tests.

"Any such services or facilities shall be so provided notwithstanding any provision of any charter or other provision of law inconsistent herewith," reads the law.

More than 7,500 students are enrolled in Catholic schools in Staten Island. Should Catholic schools be unable to provide adequate testing, they can be found non-compliant of strict protocols in hot zones set by the state, and can ultimately be forced to close.

The lawsuit comes after weeks of wrangling for such services by diocese officials, who repeatedly requested them in various meetings held virtually. On November 13th, two days after Staten Island was designated a yellow zone, city health commissioner Dr. Dave Chokshi sent a letter to the Archdiocese recommending the Archdiocese partner with a health clinic for testing. The Archdiocese did so with the SOMOS Network, the lawsuit read. It has called other suggestions by the Health Department as "indisputably inferior" and "inadequate."

Should the Archdiocese win its suit, the city will be forced to cover the costs of these tests at all 172 schools that serve 62,000 students across nine counties in New York.

The DOE did not immediately respond to a request for comment. The city Health Department referred questions to the Law Department, which did not immediately respond.

Unlike public schools, Catholic schools have remained open and will close only if the citywide COVID-19 positivity rate on a seven-day rolling average hits 9% as outlined by the state.