The New York State Education Department has informed parents that they are not allowed to send their children to school unmasked even though the New York State Supreme Court on Monday ruled that the mask mandate is illegal.
The department rationalized that they can ignore the ruling because they plan to appeal.
Spencerport Superintendent Kristin Swann said to parents in an email obtained by The Daily Wire that the department “continues to mandate that all individuals in school settings must wear masks.”
“The State Education Department (SED) continues to mandate that all individuals in school settings must wear masks under the current regulations until legal appeals are exhausted,” Swann said in the email.
“Please understand that this mandate was communicated to ALL school districts from the New York State Education Department as of this evening,” she wrote.
According to the email, the education department said it’s their “understanding that the Department of Health will appeal the Nassau County Supreme Court decision, which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule” [emphasis original].
As highlighted by The Daily Wire Monday evening, Judge Thomas Rademaker said the issue of masks must be taken to the state legislature and cannot be mandated via the health department.
“There can be no question that every person in this State wishes, wants and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished,” the judge said. “However, enacting any laws to this end is entrusted solely to the State Legislature. While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York State, they must take their case to the State Legislature.”
Below is the email obtained by The Daily Wire sent to parents from Superintendent Swann:
Dear Spencerport Families,
As you may have heard on the nightly news, there has been a legal ruling from a lower state court in Nassau County that says the NYS Department of Health exceeded its authority by requiring masks be worn in school settings. This ruling conflicts with earlier rulings from the Albany Supreme Court that upheld the Department of Health’s regulation.
The State Education Department (SED) continues to mandate that all individuals in school settings must wear masks under the current regulations until legal appeals are exhausted. Please understand that this mandate was communicated to ALL school districts from the New York State Education Department as of this evening.
“It is SED’s understanding that the Department of Health will appeal the Nassau County Supreme Court decision, which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule.”
I appreciate your continued partnership and support in following these masking guidelines. We remain steadfast in doing all that we can to keep our students and staff safe.
With gratitude,
Kristin Swann
Superintendent of Schools
Related: New York Supreme Court Judge Strikes Down Democrat Governor’s Mask Mandate