On December 10th, the Pennsylvania Supreme Court affirmed the Commonwealth Court’s decision overturning the Wolf Administration’s mask mandate for K-12 schools. In what will likely be the final chapter of the roller coaster school mask mandate saga in Pennsylvania, the Pennsylvania Supreme Court has affirmed the Commonwealth Court’s November 10, 2021, order voiding Acting Secretary of Health’s … [Read more...] about PA Supreme Court Affirms Commonwealth Decision, Overturns Mask Mandate for Schools
School Law Bullet
Federal Court Decision Substantially Limits Board Control of Public Comments
On October 1, 2021, four residents in Bucks County filed a lawsuit against Pennsbury School District claiming their public meetings were censored, limited, or disrupted by the board after they brought questions or comments regarding the school district’s equality initiatives. Pennsbury School District found the comments to be abusive and/or irrelevant, but U.S. District Judge Gene Pratter says … [Read more...] about Federal Court Decision Substantially Limits Board Control of Public Comments
Pennsylvania Supreme Court Puts a Pin in Plans to End School Masks By December 4
On November 30th, the Pennsylvania Supreme Court reinstated the school masking requirement in K-12 schools. The ever-evolving saga of the school mask mandate in Pennsylvania took another twist as the litigation over the masking requirement continues. On November 10, 2021, the Commonwealth Court entered an injunction order which voided the Acting Secretary of Health’s masking requirement … [Read more...] about Pennsylvania Supreme Court Puts a Pin in Plans to End School Masks By December 4
Pennsylvania Supreme Court Adds Yet Another Caution to Disciplining Student Speech
On November 17, 2021, the Pennsylvania Supreme Court concluded that when analyzing whether an expression by a student is a true threat, schools must utilize a subjective standard instead of the longstanding objective standard. This represents a substantial change from the previous test, which did not consider the speaker’s intent in determining whether the expression in question represented a true … [Read more...] about Pennsylvania Supreme Court Adds Yet Another Caution to Disciplining Student Speech
Beginning December 4, Court Says Schools Must Decide On Their Own Whether to Enforce Masks
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
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
