Wednesday’s ruling by the Pennsylvania Commonwealth Court, which voted 4-1 to overturn the mask mandate set by Acting Pennsylvania Secretary of Health Alison Beam that took effect in early September, is under appeal. Local school districts issued statements Wednesday to keep parents up to date on the policies in place, some of which were clarified Thursday.
Most local districts cited an email issued to PA schools Wednesday afternoon, where PDE advised districts that “schools should continue to observe the masking order throughout the duration of the court proceedings.”
Cameron County
A letter posted Wednesday and signed by Superintendent Dr. Keith Wolfe stated the district would be returning to masks optional until further notice.
However, a letter with an update posted Thursday stated that, due to the appeal filed by Gov. Tom Wolf, a stay is automatically in effect. Therefore, the district is following the mask order at this time. Masks are required for both students and staff while on school district property.
St. Marys
Late Wednesday, St. Marys Area School District Superintendent Harley Ramsey posted an update, stating, “I apologize for the lateness of this message. There have been many changes over the past few hours that need to be addressed.”
He said when he received work that the masking order was overturned, he began researching it, determined to make masking optional. However, that changed when the stay was put into effect.
“Given that information, the St. Marys Area School District will follow the masking mandate that is back into effect starting (Thursday). I apologize for any confusion this has caused. I will continue to monitor this situation closely and communicate updates as appropriate.”
Bradford
Both through the Remind app and the Floyd C. Fretz middle school social media page, the district stated that on Wednesday, “Earlier today, the Commonwealth Court issued a ruling voiding Acting Secretary Beam’s school mask order. The state is filing an appeal today, which will trigger a stay of the Court’s ruling and keep the order in effect. Therefore, the mask mandate will still be in effect tomorrow and until further notice.”
Smethport
A letter posted to social media, as of 2:30 p.m. Wednesday, stated the mask order will stay in effect until the final decision of the appeal in Pennsylvania Supreme Court.
It notes that, if the PA Supreme Court upholds the lower court’s ruling, Smethport will return to the Health and Safety Plan that stated masks are optional.
Otto-Eldred
In a letter posted to social media Wednesday, Superintendent Matthew Splain stated that Otto-Eldred School District will continue wearing masks.
“Our schools are still experiencing cases of COVID. Our case counts in McKean County are lower, but still near 20 per day. We will continue to mask while in the school building, as defined in the Mask Order issued this past fall, until we see a clear resolution. This is a local decision to help us get through the next few days.”
A letter posted Thursday reiterated the decision, explaining, “Until the appeal is heard and decided by the Pennsylvania Supreme Court, the mask order is still in effect. This has been confirmed through our school solicitor.”
Kane
A letter posted Wednesday to the Kane Area School District website signed by Superintendent Ann Kearney stated, “We are certainly aware of the differing of opinions about this issue within our community. We were cautious about issuing any statement until we consulted our legal counsel. The Pennsylvania Department of Health has since filed an appeal, which immediately ‘stays’ or holds in place the masking order that was issued on August 31st. This then requires the mask mandate to be in force until the appeal proceedings are decided.”
Kearney also mentions the message sent to all state schools by The Pennsylvania Department of Education.
Oswayo Valley
Oswayo Valley School District officials posted an update to the school’s website that states the district “will continue to follow the mask mandate until Jan. 17, 2022 or until further guidance changes the requirements for schools.”
The statement goes on to note, “Other districts may be making knee-jerk reactive decisions, but we will be making decisions based on what is best for our students, staff, and community.”
Ridgway
Ridgway Area School District issued a statement via social media, which stated in part,
“The District has consulted with our legal counsel. …At this time, Ridgway will continue to follow the Acting Secretary of Health’s masking order because the Commonwealth Court’s ruling will not take effect until the appeal proceedings conclude.”
The statement also clarified that, if the higher court upholds the current ruling, the district will revert to the Health and Safety plan approved Aug. 11, which stated masks are optional and contact tracing for close contacts will be followed.
The Commonwealth Court judges reportedly ruled that Beam’s mandate was adopted without an existing disaster emergency declared by the governor. Also, the health secretary does not have “blanket authority to create new rules and regulations out of whole cloth,” according to Judge Christine Fizzano Cannon for the majority.
