November 10, 2021
Dear Families,
Today, November 10, 2021, in a 4-1 decision, the Commonwealth Court found that the Pennsylvania Secretary of Health’s August 31, 2021 masking mandate is void. The Court stated that: “For the foregoing reasons, we find the Masking Order to be void ab initio.”
Accordingly, the Court granted the Petitioners’ Application and denied Respondent’s (Secretary
of Health’s) Application for Enforcement. Consequently, the Court declared the Masking Order "unenforceable." Within hours, a Notice of Appeal was filed with the Pennsylvania Supreme Court.
At approximately 3:32 p.m. today, the Secretary of Education released a statement outlining “Schools should continue to observe the school masking order throughout the duration of the Court’s proceedings.” PDE also stated the appeal will trigger a Stay of the Commonwealth Court’s ruling and keep the Masking Order in effect.
Counsel for Senator Jake Corman’s group (Corman v. Beam, No. 294 MD 2021 (Pa. Cmmw. Ct. filed Sept. 3, 2021)) stated they will ask the Pennsylvania Supreme Court to lift the Stay.
Once again, schools, parents, students, will need to wait patiently while this legal battle plays out. It is anticipated that a more definitive answer will be forthcoming from the Court in the next 24 to 48 hours. As soon as we receive that clarification, I will be sure to reach out and provide you with the most up-to-date information. I realize this entire process might frustrate you, but I do not want to provide you with misinformation or make any changes until I get the clarity needed on the impact of this decision on schools. I am also working with Representative Struzzi’s office to seek clarity. As you know, we do not have school tomorrow or on Friday. I am hopeful that we will be able to provide you with clarity on the matter sometime soon.
Respectfully,
Mr. Michael J. Vuckovich
IASD Superintendent