Pennsylvania school boards, including Hempfield, consider joining mask mandate lawsuits
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Another year of traversing a landscape impacted by covid-19 has some school administrators seemingly gearing up to push back against pandemic-related mandates.
A state-issued mask mandate for K-12 schools that went into effect early this month spurred several lawsuits that were filed across Pennsylvania by parents and lawmakers. The suits have caught the attention of Hempfield Area School Board members, who expressed interest last week in joining a pending suit or filing their own against the mandate.
Suits working their way through the courts largely question whether Alison Beam, Pennsylvania’s acting health secretary, has the authority to issue the mandate. The decision by the state to require face coverings came after several districts had begun the school year and after state officials said the decision on masking would be left to school boards.
“They can file suits and express their concerns in a court of law about what they think is incorrect or what they think is correct,” Mark DiRocco, executive director of the Pennsylvania Association of School Administrators, said of school boards filing suits.
In Pennsylvania, at least two lawsuits have been filed in Commonwealth Court since the mask mandate went into effect Sept. 7. According to Paul Socolar, spokesman for Education Law Center with offices in Pittsburgh and Philadelphia, suits so far have largely been filed by parents instead of school boards.
The first suit was filed by Senate President Pro Tempore Jake Corman, R-Centre, and Rep. Jesse Topper, R-Bedford. Among plaintiffs in the suit are parents from three regional school districts — Butler Area and Slippery Rock in Butler County, and Wyomissing Area in Berks County — and two private Christian schools.
The emergency application, submitted Sept. 3, states an injunction is necessary to “prevent immediate and irreparable harm.” It states that the mandate denies the right to a free and appropriate education and also disrupts a child’s education. The injunction suggested the implementation of the mandate would be chaotic because several parents are against it.
The suit is making its way through the court system, and the plaintiffs and defendants are in the process of filing briefs. However, the lawsuit has seemingly opened the door to school districts who want to take action against the mandate.
During a meeting last week at Hempfield Area School District, Solicitor Michael Korns suggested that if board members were to take action that night, his recommendation would have been to file an amicus brief in Commonwealth Court in support of Corman’s lawsuit. Korns added that briefs on the case will likely be accepted in the coming weeks.
However, board members did not immediately move forward with filing the brief. Instead, they voted to meet with Korns at a later date to discuss their options.
In Lancaster County, board members for Ephrata Area School District also considered adding their district as a petitioner in the lawsuit, according to Lancaster Online. Last week, however, board members ultimately decided to not move forward with the action, citing possible repercussions the school district could face if they joined the suit.
Three school districts did join Corman’s lawsuit, officials announced Friday, including Penncrest in Crawford County, Chestnut Ridge in Bedford County and West York in York County.
For Bruce Ledewitz, a law professor at Duquesne University, the process of districts possibly adding their names to Corman’s lawsuit makes sense. The process would alleviate the courts receiving multiple suits on the same topic, forcing them to consolidate the lawsuits or move forward with one depending on the court system.
“They won’t litigate the same issue everywhere at the same time,” Ledewitz said.
He noted that districts adding their name to an existing suit could help keep costs minimal. It was not immediately clear how much it would cost for districts to become involved in the litigation, but DiRocco with PASA said districts typically “have a pretty solid expense account for legal fees.”
In addition to Corman’s suit, a second lawsuit was filed Sept. 8 by parents with children in school district across the state. The suit states that Beam lacks the legal authority to issue the mandate and that the order does not allow for religious or philosophical objections.
Among plaintiffs in the suit, identified only by their initials, are parents with students in the Fox Chapel Area School District in Allegheny County, Central Bucks and Pennsbury in Bucks County, Mechanicsburg Area in Cumberland County and Parkland School District in Lehigh County.
Legal authority
As the lawsuits questioning Beam’s authority work their way through the legal system, several Pennsylvania organizations have given their perspective on the issue.
The Education Law Center applauded the mask mandate. In a release, center officials said the mandate will create safe learning environments during the pandemic while giving proper exceptions for students and staff with qualifying disabilities. The center was one of several organizations that lobbied the state to issue a mask mandate.
“The mandate is an essential step to support the resumption of in-person learning. It is absolutely within the legal rights of the Department of Health,” said Deborah Gordon Klehr, executive director of Education Law Center, noting that districts should comply with the guidance and law.
On the other side, officials with the Pennsylvania School Boards Association said they believed the state should not impose or prohibit specific health and safety measures. They added that throughout the pandemic, those decisions have largely been left to school boards.
“We are confident that local school boards remain the best decision-makers in their communities,” Nathan Mains, the organization’s CEO, said in a statement. “Our members remain committed to the health and safety of their students and staff and while they have welcomed the expertise and guidance of state and federal agencies, they are in the best position to evaluate and promptly respond to the ever-evolving conditions in their own communities.”
Still, officials said the mandate was issued by Beam “under her authority to issue health directives.” Officials reminded districts of their legal obligations in relation to the directive and urged them to consult with local district solicitors on compliance.
A spokeswoman for the Pennsylvania School Boards Association did not return multiple messages seeking comment.
National issue
Pennsylvania is not the only state seeing suits regarding mask mandates.
By late August, at least 14 states saw lawsuits filed either for or against masks in schools, the Associated Press reported.
In Florida, Gov. Ron DeSantis signed an executive order in July directing state officials to ensure parents have the power to decide whether their children will wear masks in school, The New York Times reported. In that, state officials threatened to withhold funding from two school districts, which imposed strict mask mandates prior to the order being issued.
Shortly after, however, a group of parents fought against the Republican governor’s order by filing a lawsuit. In late August, a Florida judge rejected the Republican governor’s order, stating instead that school districts in the state can impose strict mask mandates on students to help curb the spread of covid-19.
However, by Sept. 10 a judge granted the DeSantis administration approval to keep in place an order banning mask mandates in school while the measure moves through an appeals court, NBC News reported.
Similar action was taken in Texas where Gov. Greg Abbott in July banned mask mandates in public schools. By August, parents of young children with disabilities sued the Republican governor over the order stating that it violated federal anti-discrimination laws like the Americans with Disabilities Act, The New York Times reported.
Similar to Florida, Texas Attorney General Ken Paxton is pursuing lawsuits at 15 school districts across the state in an effort to enforce Abbott’s ban on mask mandates. Last week, about six large districts asked a state appeals court to block Paxton from pursuing the suits, the Austin American-Statesman reported.
In Missouri, Attorney General Eric Schmitt last month filed a lawsuit against school districts enforcing mask mandates on students and teachers.
Like in Florida, parents of students with disabilities and disability rights groups sued Iowa for their mask mandate, stating that the order discriminates against students with disabilities who are at higher risk for covid-19. The plaintiffs are asking a judge to block part of the order that forbids mask mandates in schools, the Des Moines Register reported.
For DiRocco, action taken in the form of lawsuits and mandate orders are a reflection of anxiety, acrimony and frustration being felt by the community.
“But from my point of view, unless we all pull together … and do it the right way, this is going to continue for a long time to come,” DiRocco said. “We either need to get our act together … or it’s going to be next year and we’re going to be fighting about the same things.”