QUESTION

Do local school boards have the authority to ignore the Supreme Court decision concerning masks? No one seems to know and boards don’t care.

Asked on Jan 02nd, 2022 on Education Law - Pennsylvania
More details to this question:
Perkiomen school district had voted to require masks for another 3 weeks.
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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First, let me state that I am happy to see you are standing up for your child against ridiculous requirements.  Unfortunately, the Supreme Court decision was limited to the PA Department of Health and did not effect the autonomy of local school boards who, since March, 2020, have been citing recommendations by the CDC.   Any such challenge would have to be made in court and I am not certain if the Court of Common Pleas or the Commonwealth Court is the proper venue. Your understandable frustration is similar to the frustration and anger exhibited by parents prior to the November 2, 2021 election.  That election saw numerous school boards refreshed with parents who were fed up.  Since most, if not all, PA courts decreed mask wearing in courts, it seems unlikely that any one court would side with reason and common sense on this issue, but we will never know if no one tries. Education Law is not my area of practice but I am more than happy to try and help you find competent counsel if you wish to explore this further.  In that event, feel free to call or email me on a free initial basis.             Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com
Answered on Jan 03rd, 2022 at 9:27 AM

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