The loophole allows some to unmask | News, Sports, Jobs

HARRISBURG – An apparent loophole in Pennsylvania’s mask mandate for schools makes it easier for some students to go to class without having to cover their faces, even as state education regulators sought to do an example of an overtly defiant school board.

The Secretary of State for Health’s order requiring masks to be worn inside K-12 schools and daycares, which went into effect on Tuesday, includes an exemption for students who claim it would cause or worsen a health problem.

But there is no requirement in the masking order for a student to produce a doctor’s note or other supporting medical documentation. Now some school boards that oppose the statewide mandate – or that have been listened to by parents – are allowing students to be exposed with just a parent’s signature.

Spot checks by The Associated Press in about 50 school districts Thursday found that at least a dozen in the state – from huge suburban school systems outside of Philadelphia to rural districts in the west – are using exemption forms that do not require the signature of a health care professional, making it easy for parents to opt out on behalf of their children.

Boards “Need to make local decisions as to what is best, and these local decisions should empower parents as much as possible”, said Eric Winter, an attorney who has advised parents and individual school board members. “It’s a way of giving them control to do it.”

While most districts comply with the mask’s mandate letter, the Tamaqua Region School Board in Schuylkill County is blatantly flouting it by keeping face coverings optional.

The reluctance of the board drew a harsh rebuke from state regulators.

Education Secretary Noe Ortega warned of various consequences if Tamaqua board members do not reverse the course and demand that students be masked. They could face fines, civil lawsuits, canceled liability insurance policies and even a referral to federal civil rights enforcement authorities, said Ortega, who accused Tamaqua of “Flagrant violation” the order of masking.