Wynantskill UFSD is aware that a state judge ruled the Governor and State Department of Health did not have the authority to enact a mask mandate without approval from the state legislature.
However, we received notice last evening from the New York State Education Department that the State Department of Health will appeal the decision and seek a stay regarding the enforcement of the mask rule.
As a result, the State Education Department has indicated that schools must continue to require the use of masks pending the outcome of the appeal.
Below is the full statement from the State Education Department in response to the ruling:
“The State Education Department understands that Nassau County Supreme Court has ruled that the Department of Health exceeded its authority in enacting the mask regulation, 10 NYCRR 2.60, in Demetriou et al. v. New York State Dep’t of Health et al. This regulation is the subject of conflicting decisions, insofar as Albany County Supreme Court recently upheld the regulation in Massapequa UFSD et al. v. Hochul, et al.
It is SED’s understanding that the Department of Health will appeal the Nassau County Supreme Court decision, which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule.”
We will communicate any changes to COVID protocols as they happen. Thank you for your patience and understanding.
Dr. Mary Yodis
Wynantskill UFSD Superintendent