January 25 Superintendent Letter to Parents

January 25, 2022

Dear Parents and Guardians,

You may have heard that a supreme court judge ruled that the governor does not have the authority to order the wearing of masks in schools and other locations. While that is true, the State Education Department has ruled that schools must continue to enforce the wearing of masks by everyone in the buildings and on the buses. I am providing the official statement from SED as well as the link to the court decision. Please understand that we must follow SED mandates. Failure to do so will result in financial consequences that we simply cannot afford. In addition there are other consequences for the school district and its employees. 

A State Supreme Court judge ruled that the governor does not have the authority to order that masks be worn in schools and other venues. [See link below.] HOWEVER

The State Education Department has determined that schools must continue to follow the mask rule. I know that there are a number of opinions on this topic however we are required to follow SED decisions.  The feeling is that the legislature will vote to give the governor the authority to make such a rule. I am sure that this will be a contested topic but for us it's easy, we follow the SED mandate until they change it.

NYSED Statement:

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.


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.

https://bronx.news12.com/ny-state-supreme-court-judge-strikes-down-governors-mask-mandate

Sincerely yours,

John C. Morgano Ed.D.

Superintendent of Schools

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