On Thursday, the CDC issued guidance lifting masking restrictions for fully vaccinated individuals. Many school entities are now questioning the extent to which this development impacts school operations for the remainder of this year. While the CDC guidance applies, school entities must remain mindful of the Governor’s Orders, state agency recommendations and the obligations associated with the well-known attestation form.

Unless or until state guidance changes, practical considerations suggest that school entities continue current masking policies through the remainder of the school year. Enforcing a masking policy based on vaccination status presents various administrative challenges, including the proper maintenance of student and employee health information. The fact that younger students are not eligible to be vaccinated also presents issues of fairness and uneven application within school buildings. Further, the attestation form executed by most school entities remains in effect and many schools are still addressing building closures.

Consistent with these concerns, yesterday the Pennsylvania Department of Education issued a Dear Colleague Letter encouraging school entities to continue current mitigation strategies through the remainder of the school year, including masking. While PDE noted that school entities may elect to discontinue masking requirements, they stressed that “[r]emaining consistent in approach will help to ensure the safety and well-being of school communities while minimizing disruptions that may result from significant revisions to existing plans and systems.”

In light of these concerns, the Department’s guidance and the pending conclusion to the academic year, we recommend that school entities maintain current face covering policies at this time.

The Education Law Group at Appel, Yost & Zee will provide additional guidance as this issue continues to change. If you have any questions regarding this information, please reach out to William J. Zee or any member of the Appel Yost & Zee Education Law Group.