Educators sue to stay home

A group of New York City schoolteachers asked a judge to force remote classes for two weeks amid the surge in COVID-19 cases, court papers show.

The 11 teachers — members of union caucus UFT Solidarity — are petitioning for all classes to be conducted online through Jan. 18 to give students and staff the opportunity to get tested for the virus and receive the results, according to a Manhattan Supreme Court lawsuit filed Thursday.

The suit — which is seeking a temporary restraining order against in-person learning — came just days before classes resumed Monday following the winter break and as Mayor Adams vowed to keep schools open as Omicron plays out.

But the complaint says Adams’ “Stay Safe and Stay Open” plan falls short of keeping schools safe given the alleged widespread lack of COVID-19 testing availability in the Department of Education and the DOE’s outdated buildings and subpar ventilation systems.

The teachers don’t want to return to in-person instruction until the DOE has put into place a universal testing protocol and all students and staff have submitted a negative PCR test.

The suit is also asking that teachers not be forced to use their sick days and other paid time off during the two-week period, which the teachers wanted to start Monday.

“The science behind this virus is constantly shifting and changing every day,” plaintiff Lydia Howrilka said in a statement. “At this time, schools are not safe for students and staff !”

DOE spokesperson Katie O’Hanlon called the case “meritless” and doubled down on the choice to keep schools open.

“All the data tells us that children are safer in schools, and it is better for their long term wellbeing,” O’Hanlon said in a statement.