As parents and School Districts prepare for the return of in-person instruction this fall, the question remains… can and should School Districts enforce mask mandates for students and staff? For now, the answer is unclear, and School District responses are divided.
In May, the CDC issued guidance with regard to the mask mandate and those individuals who are fully vaccinated.
Shortly thereafter, PDE recommended that School Districts continue to follow their then current mitigation strategies. Many Districts continued to require that masks be worn by students and staff; however, some Districts relaxed their mitigation strategies and permitted those individuals who provided proof of vaccination to go mask-free.
On June 28, the mask mandate will be lifted in Pennsylvania and the question to be answered is, “will masks be required for the 2021-2022 academic year?”
So Where Does This Leave School Districts Once Face Coverings Are No Longer Required?
Pennsylvania School Districts and parents are anxiously awaiting new guidance from the CDC and PDE, but for now, whether masks will be required during the school day is currently up to each individual School District.
Though School Districts are finding it a tough decision when balancing health and safety, a recent CDC study suggests that School Districts should not lift their mask mandates quite yet. The study shows that COVID spreads less in School Districts where teachers and students wear face coverings, according to a recent article written by NPR. However, some states have already made their decisions and plans for the fall. Among these, Texas and Iowa have issued orders banning all mask mandates in public schools.
As School Districts begin to revisit their policies, this may create a ripple effect and encourage other states to follow suit. Whether masks will be required for students and teachers in Pennsylvania School Districts in the fall remains unknown.
But What About Vaccine Requirements?
Typically, it is left to each state to decide which vaccines are required for a student’s enrollment in school. For now, Pennsylvania state officials do not plan to require the COVID-19 vaccine for school enrollment.
Recently, children as young as twelve have become eligible to receive the COVID-19 vaccine. Because younger children are still not eligible for the vaccine, the CDC currently recommends that mask policies remain in effect in School Districts. Dr. Fauci, however, remains hopeful that this recommendation could be eliminated by the fall and believes that it is possible that the CDC could advise that middle and high schools eliminate mask mandates if enough students twelve and older are vaccinated by the time school starts in the fall.
Proof of Vaccinations?
If the CDC and PDE issue guidance that masks are not needed in School Districts if staff and students are vaccinated, can School Districts request proof of vaccinations?
The answer to this question is “yes”. Just as School Districts can require proof of other vaccinations for students, School Districts may require proof of the COVID vaccination. In addition, based upon the continuing health and safety concerns of COVID-19, School Districts may require employees to provide proof of the COVID vaccination if employees do not wish to wear masks.
School District Health and Safety Plans
Regardless of a School District’s mask and vaccine policy, the PDE recommends that all Pre-K to 12 schools develop updated Health and Safety Plans prior to the return of in-person instruction. In fact, for School Districts to apply for and receive ARP ESSER funds, they must submit a Health and Safety Plan that meets the ARP Act requirements by July 30th.
According to the PDE, these plans should balance health and safety while also being flexible enough to allow School Districts to respond to changes should the school environment and global health crisis require it.
A number of School Districts have already submitted Health and Safety Plans for the 2021-2022 school year, with varying mask policies. One local School District will not require face coverings after June 28th, but any student or staff member that wishes to wear a mask will still be permitted to do so.
Many recently approved Health and Safety Plans continue to modify the usage of facilities, require the continuation of social distancing, encourage proper hand hygiene, and include dates for future community vaccination clinics.
Bottom Line for Schools
As the global health crisis continues and variants of COVID-19 plague the country, School Districts are once again left to balance the health and safety of their students and employees.
This situation will continue to evolve over the summer months. It is best to continue to monitor their county’s community transition model provided by PDE and await further guidance from the CDC and PDE prior to making any definite decisions regarding the 2021-2022 school year.
If you have a question, please contact your legal counsel or one of the Education attorneys at KingSpry.
School Law Bullets are a publication of KingSpry’s Education Law Practice Group. John E. Freund, III, is our editor. This article is meant to be informational and does not constitute legal advice.
