September 2, 2021
Dear Parents:
Over the past two days since the Secretary of Health issued a mask mandate for school districts beginning Tuesday, September 7, many of you have emailed me with concerns about how wearing masks has had a negative impact on your child, that the mandate is not legal, and that your child will not be wearing a mask on Tuesday.
I am not a lawyer, so I rely on our district’s solicitor for legal advice. He is adamant that it is legal and can be enforced. I have spoken to almost every superintendent in our area, and they have received the same advice from their solicitors.
Yesterday, I spent a lot of time talking with our solicitor about the mandate. There are exceptions within the mandate that would permit parents to not have their child wear a mask. I am going to go through those exceptions here and then discuss a specific section of the mandate that would those of you who have concerns about the health/safety of your child regarding wearing a mask.
Here are some of the exceptions that are applicable to schools and specifically, students:
• If wearing a face covering while working would cause an unsafe condition to operate equipment.
• If wearing a face covering would either cause a medical condition, or exacerbate an existing one, including respiratory issues that impede breathing, a mental health condition or a disability.
• When working alone or isolated from other people.
• If an individual is communicating or seeking to communicate with someone who is hearing-impaired or has another disability, where the ability to see the mouth is essential for communication.
• When the individual is eating, drinking or playing an instrument that would be obstructed by wearing a mask
• During PE class if the students maintain a distance of sixfeet from each other in a well-ventilated location
Any event or activity that is outdoors.
There is a specific section under school entity obligations that states:
A school entity must provide reasonable accommodations for individuals who state they have a medical condition, mental health condition, or disability that makes it unreasonable for the person to maintain a face covering.
Additionally, a school entity should not restrain, use force, or physically remove teachers, children/students, staff, or visitors who refuse to comply with this order when it would not otherwise be legal to do so.
So, what does all this mean to you and specifically, your child. According to our solicitor, a parent may opt out of the mask mandate if their child meets one of the criteria mentioned above. A doctor’s note would not be required.
After discussing what options, we have with our solicitor, here is what the district will be requiring from parents to opt out of wearing a mask at school:
A parent may write a note stating that wearing a mask would be harmful to the health and safety of their child or would cause a mental health condition, for example anxiety, stress, etc. (please be somewhat specific-for example, many parents have told me masking causes their child to have headaches. You would just need to state that on your note).
If you have multiple children in your household, a separate note will need to be written for each child. In the note, briefly explain what the health/safety concern you have regarding your child and wearing a mask. The note must be signed by a parent or guardian. If any additional accommodations are needed to assist your child, they should be included in the note. That’s it. That is all you need to do.
By doing this, we are still following the mandate, but it provides flexibility to you as a parent with concerns you may have regarding the health and safety of your child wearing a mask.
Under the mandate, philosophical objections, disagreeing with wearing a mask, etc. are not considered valid excuses. Students who would come to school and refuse to wear a mask without a note from a parent as described above would be subject to the school’s disciplinary policy. I ask you to please not let it come to that. I do not want to put children in the middle of this.
As a school district, we want to work with parents and while this still may not please everyone, the state has put us in a lose-lose situation. I feel this is the best way to accommodate parent concerns and still follow the mandate. Our solicitor, administrative team, and Board members I have spoken with agree.
Students wearing masks or face shields will be given many breaks throughout the day in all buildings.
If you are writing a note, you may have your child bring it to school with them on Tuesday and turn it into the office, you may scan and email it, or fax it to your child’s school. Please remember, there must be a separate note for each of your children and each note must be signed. If for some reason, we would need additional information, someone from the school will contact you.
If emailing your notes, please email to one of the following individuals:
Elementary Schools: All emailed notes should go to the principals of the respective school your child attends.
MS/HS: You may email Mr. Tobias, Mrs. Heverly, or Mrs. Stanton.
*Please note that this note applies to school. It does not apply to the Federal Order requiring students to wear masks on school district transportation. Students riding school transportation will still be required to wear a mask.
One final reminder, visitors attending indoor school activities, including Open Houses and sporting events must wear a mask unless they fall under one of the exceptions mentioned previously. No masks are required for any event taking place outdoors.
Sincerely,
Scott V. Graham
Superintendent