NYC School Vaccine Mandate Can Go Ahead, Judges Rule

NEW YORK CITY — An unexpected court decision effectively resurrected New York City’s strict COVID-19 vaccination mandate for educators.

The one-page order issued Monday evening by federal Second Court of Appeals judges allows public school officials to reinstate the vaccine rule.

City and schools officials originally planned to enforce the requirement starting Tuesday, but delayed the plan as judges considered the legal challenge. After the judges’ decision, they moved the deadline back to Friday.

“Vaccinations are our strongest tool in the fight against COVID-19 – this ruling is on the right side of the law and will protect our students and staff,” Danielle Filson, a Department of Education spokesperson, said in a statement. “The mandate will go into effect on Friday end of day so that by Monday October 4, one hundred percent of educators and staff in our buildings will be vaccinated.”

The order — which had been expected later this week — amounted to a victory for Mayor Bill de Blasio. The mayor has set increasingly strict mandates to fight the coronavirus and predicted victory in the case.

"We expect to win again, and quickly, this week," he said Monday morning.

At least 90 percent of teachers and 97 percent of principals have received at least one dose of coronavirus vaccine.

But union leaders warned thousands of educators could still remain unvaccinated by the original deadline, setting up a potential “nightmare” scenario in which many schools were short-staffed.

Michael Mulgrew, president of the United Federation of Teachers union, said in a statement after the judges’ decision that his members will work to open schools safely “as far as possible.”

“The city’s estimate is that 97 percent of the teachers have been vaccinated, but according to our recent survey of UFT chapter leaders, only about one-third believe that as of now their schools can open without disruption, given the potential shortage of unvaccinated personnel, including school aides and security personnel,” he said. “The city has a lot of work before it to ensure that enough vaccinated staff will be available by the new deadline.”

About 87 percent of all school staff have received at least one dose of vaccine, de Blasio said Monday.