As reported by the Philadelphia Inquirer, on February 7, 2022, a federal judge ordered the Perkiomen Valley School District to keep masking in place, granting a preliminary injunction sought by parents of children with disabilities that put them at higher risk of serious complications from COVID-19. The decision effectively extends an earlier order for masking during the school day and has no end date.

The case centers on three children with medical conditions ranging from asthma to chronic bronchitis and pneumonia, that in some cases require taking immunosuppressant drugs. Those children are thus thought to be in increased danger during the COVID pandemic and benefit from such safety measures as universal masking. Optional masking was considered by the judge as preventing affected students form “meaningfully accessing” in-person education, which would be a violation of the Americans with Disabilities Act (ADA). The judge also opined that the students with disabilities could not be expected “to protect themselves from discriminatory practices” and that schools  must “make reasonable accommodations” to provide those students with meaningful access to their education since such students have been adversely affected by virtual learning and are protected under the ADA .

The order does not affect extracurricular activities

The Inquirer also reported that two cases challenging mask policies in western Pennsylvania school districts are pending before the Third Circuit Court of Appeals, which could issue a decision that would affect districts across Pennsylvania, New Jersey, and Delaware. Oral arguments are scheduled for March.

To read the excellent article from the Philadelphia Inquirer, click here.