Commissioner Dismisses Appeals Regarding Mask Requirements
The New York State Commissioner of Education recently dismissed appeals filed against several school districts across New York State related to the requirement to wear face coverings in school buildings on January 25, 2022. The underlying facts involve a January 24, 2022, Nassau County trial court ruling which invalidated the New York State Department of Health (NYSDOH) rule mandating face coverings in schools. The NYSDOH appealed the decision, and a stay was granted on the afternoon of January 25, 2022. The appeals were filed by parents of students who attended school on January 25, 2022, without wearing face coverings. The petitioners used a template, auto-fill PDF, which was circulated online.
The petitioners claimed that the school district respondents unlawfully required the students to wear masks and impermissibly disciplined the students for not wearing masks. The appeals sought to have disciplinary records expunged, an order permitting students to attend school without masks, and removal of the named administrators.
The Commissioner dismissed the appeals as moot because, as of March 2, 2022, the NYSDOH mask rule was no longer in effect and face coverings were not required. The Commissioner confirmed that building principals are not subject to removal in a Commissioner’s Appeal, held that petitioners failed to meet their burden to demonstrate that any superintendent should be removed, and also noted that many of the applications for removal were not properly served. The Commissioner also issued a certification of good faith, confirming that the superintendents and principals did not act in bad faith, and that they should be indemnified for costs incurred in defending the action.
Webster Szanyi Partner Marnie Smith represented the school districts, superintendents, and principals in six of the twelve appeals, which were consolidated into one decision from the Commissioner.
The full decision is available: http://www.counsel.nysed.gov/Decisions/volume62/d18208.