The ever-evolving saga of the school mask mandate in Pennsylvania took another twist as the litigation over the masking requirement continues.
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Pennsylvania Supreme Court Puts a Pin in Plans to End School Masks By December 4
November 30th, 2021Pennsylvania Supreme Court Adds Yet Another Caution to Disciplining Student Speech
November 19th, 2021In J.S. v. Manheim Township School District, the Court developed this new true threat standard by reasoning that in order for schools to censor a student’s First Amendment right, it shall determine whether the student intended the communication to be a serious expression of an intent to inflict harm.
Beginning December 4, Court Says Schools Must Decide On Their Own Whether to Enforce Masks
November 17th, 2021As of December 4, 2021, schools must decide on their own whether to enforce mask wearing moving forward.
Court Speaks on Requirement for Medical Documentation for Medical Mask Exemptions
November 15th, 2021On November 11, 2021, Judge Mariani, U.S. District Judge for the Middle District of Pennsylvania denied a request for a preliminary injunction to block the implementation of a policy adopted by the Delaware Valley School Board that allowed for medical exemption from the Department of Health’s mandatory masking Order of September 7th without medical documentation.
Commonwealth Court Rules Against Schools Masks, Governor Wolf Plans To File Immediate Appeal
November 10th, 2021Earlier today, Pennsylvania’s Commonwealth Court ruled in favor of petitioners seeking an injunction to prevent Acting Secretary of Health Alison Beam from enforcing a Masking Order for anyone in the public school environment. The Governor has vowed an immediate appeal of the court ruling.
OSHA Issues Emergency Temporary Standards for Mandatory Employee COVID Vaccinations
November 4th, 2021A federal judge in the Southern District of Texas recently upheld an employer’s requirement that its employees be vaccinated against COVID-19 or be terminated from employment.
Pennsylvania Court Cases Reinforce Legal Obligation To Follow and Enforce School Masking Order
October 11th, 2021These cases, and undoubtedly others to come, only reinforce what has been the responsible legal advice – that the Department of Health order is lawful and enforceable and that school districts are obligated to make good faith efforts to implement the order.
PDE and DHS Defend Medical Reasoning: School Mask Requirements Do Not Constitute Child Abuse
October 5th, 2021Whether it be with school closures, virtual learning, or mask mandates, few districts have experienced the level of daily public outcry as has accompanied this pandemic.
Trying to Keep Things Moving: Bus Driver Shortages Affect School Transportation, Could Be Year-Long
September 28th, 2021According to a national survey, more than half of the country’s school districts are reporting either a “severe” or “desperate” driver shortage.
For School Boards Caught In the Middle of the Mask Debate
September 7th, 2021In 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 challenges.