"Masks Are Still Required In All School Buildings"

CHAPPAQUA, NY — Chappaqua school officials said masks will continue to be required at school even after a state Supreme Court ruling invalidating Gov. Kathy Hochul's state mask mandate. The district said it will follow a decision from the New York State Department of Education that masks are still required in classrooms.

UPDATE: Tuesday evening, a New York Appellate Court Judge granted a stay of the earlier court ruling that blocked New York's COVID-19 face mask mandate. The emergency face mask order remains in effect while the case is appealed. New York Schools will be required to enforce the face mask rules.

SEE: Stay Granted, School Mask Mandate In Effect

The superintendent noted that the Attorney General has filed a Notice of Appeal of the court's ruling.

"I would like to thank you all for having your children come to school today, masked, without issue," Superintendent Ackerman said in a message to students and families dated Jan. 25. "I appreciate the time you afforded CCSD to understand the landscape of this recent court ruling on mask requirements in schools."

According to Monday's decision by Judge Thomas Rademaker, the law was "promulgated and enacted unlawfully by an executive branch state agency and therefore void and unenforceable as a matter of law."

The decision also said that it does not "opine on the efficacy, need or requirement of masks as a means or tool in dealing with the COVID-19 virus." The issue is only whether or not the rule was properly enacted, the decision said.

Meanwhile, the New York State Department of Education (NYSDE) sent a letter to districts, advising schools that they must keep mask requirements in place in a letter dated Jan. 24:

"The State Education Department understands that Nassau County Supreme Court has ruled that the Department of Health exceeded its authority in enacting the mask regulation, 10 NYCRR 2.60, in Demetriou et al. v. New York State Dep't of Health et al. This regulation is the subject of conflicting decisions, insofar as Albany County Supreme Court recently upheld the regulation in Massapequa UFSD et al. v. Hochul, et al," the NYSDE wrote in the letter. "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."

The superintendent stated that the district is receiving updates from legal counsel throughout the day and a Board of Education meeting is scheduled for Wednesday evening, at which point, mask requirements will be reviewed and adjusted, if necessary.

"Masks are still required in all school buildings this afternoon and tomorrow (1/26/22). I will communicate with you before school on Thursday (1/27/22) how we plan to move forward with regards to masks in our District buildings," Superintendent Ackerman wrote. Additionally, masks will be required on all buses due to a CDC public transportation requirement not affected by the ruling.

This article originally appeared on the Chappaqua-Mount Kisco Patch