Averill Park CSD Community,
The District is aware of the ruling regarding mask mandates in schools that was announced late last night.
The State Education Department (SED) has stated that the Department of Health will appeal the decision, which will result in an automatic stay, ultimately restoring the mask mandate until an appellate court issues a further ruling. At this time all students and staff must continue to wear masks in school.
The following statement is from the SED 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.
Again, based on the guidance from the State Education Department, the District is still required to have students and staff masked in school.
Thank you for your patience and understanding. We will continue to communicate any changes made to our COVID-19 protocols as they happen.