The United States Department of Labor, Occupational Health and Safety Administration (“OSHA”) released an Emergency Temporary Standard (“ETS”) today that will be published on November 5, 2021. The ETS will take effect immediately upon publication. It will remain effective until OSHA promulgates a permanent standard, which must occur within six months of the ETS’s publication in the Federal … [Read more...] about OSHA Issues Emergency Temporary Standards for Mandatory Employee COVID Vaccinations
Pennsylvania Court Cases Reinforce Legal Obligation To Follow and Enforce School Masking Order
As many districts planned to implement optional or flexible masking policies, the spread of COVID-19 and its Delta variant started to rapidly increase as the first day of school approached. In response, acting Health Secretary Alison Beam issued an Order on August 31 requiring face coverings within K-12 public and private schools and childcare facilities, effective September 7, 2021. The Order … [Read more...] about Pennsylvania Court Cases Reinforce Legal Obligation To Follow and Enforce School Masking Order
PDE and DHS Defend Medical Reasoning: School Mask Requirements Do Not Constitute Child Abuse
The COVID-19 Pandemic has brought many different challenges to Pennsylvania’s schools. With each twist and turn of community spread, and related change in state and federal regulatory reaction, school districts have needed to be both flexible and forceful on any given day. With these changes has come severe public scrutiny. Whether it be with school closures, virtual learning, or mask mandates, … [Read more...] about PDE and DHS Defend Medical Reasoning: School Mask Requirements Do Not Constitute Child Abuse
Trying to Keep Things Moving: Bus Driver Shortages Affect School Transportation, Could Be Year-Long
As COVID-19 cases continue to rise, holding in-school instruction is not only affecting the classrooms across America, but also the school districts’ busing systems. According to a national survey, more than half of the country’s school districts are reporting either a “severe” or “desperate” driver shortage. Driver Shortages Country-Wide This shortage of drivers is a country-wide issue where bus … [Read more...] about Trying to Keep Things Moving: Bus Driver Shortages Affect School Transportation, Could Be Year-Long
For School Boards Caught In the Middle of the Mask Debate
In the public controversy over the wearing of masks in schools, many legal theories have been advanced by non-lawyers and some lawyers as well questioning the legality of government-imposed mandatory masking requirements in light of the COVID pandemic. Some of the proponents of these theories advocate non-compliance as a remedy and some more cautiously suggest legislative fixes or legal … [Read more...] about For School Boards Caught In the Middle of the Mask Debate
The Mask Mandate: The Rest of the Story
On August 31, 2021, Governor Wolf announced the Order of the Acting Secretary of the Pennsylvania Department of Health mandating face coverings within K-12 public and private schools and childcare facilities, effective September 7, 2021. But what happens when a student has a medical condition or disability that prevents them from using face coverings? The Order provides for eight “Exceptions to … [Read more...] about The Mask Mandate: The Rest of the Story