On November 16, 2021, the Commonwealth Court terminated the Automatic Stay of the school Masking Order, which allowed the Masking Order to remain in effect until the Pennsylvania Supreme Court ruled on its validity. Now, the Automatic Stay, and thereby the Masking Order, will be lifted on December 4, 2021. The Commonwealth Court’s decision classifies the Masking Order as void ab initio (void … [Read more...] about Beginning December 4, Court Says Schools Must Decide On Their Own Whether to Enforce Masks
KingSpry Blog
Court Speaks on Requirement for Medical Documentation for Medical Mask Exemptions
On 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. Judge Mariani had previously … [Read more...] about Court Speaks on Requirement for Medical Documentation for Medical Mask Exemptions
Commonwealth Court Rules Against Schools Masks, Governor Wolf Plans To File Immediate Appeal
Earlier 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. This remains a contentious issue and most districts and their boards will have questions about what this … [Read more...] about Commonwealth Court Rules Against Schools Masks, Governor Wolf Plans To File Immediate Appeal
OSHA Issues Emergency Temporary Standards for Mandatory Employee COVID Vaccinations
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
