Masking Protocol UPDATE

  Tuesday January 25, 2022  
Masking Protocol Awareness

Dear Delaware Academy Families, 

Last evening, a State Supreme Court Judge in Nassau County issued a ruling regarding the New York State mask mandate in schools.  In response, all school superintendents in New York State received the following directive from the New York State Education Department: 

“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 New York State 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.”

This ruling is currently under review due to the state’s motion to repeal this decision based on conflicting case law.  We have received additional communications from the New York State School Boards Association (NYSSBA), NYS Parent Teacher Association (NYS PTA), and our school district attorneys who have interpreted and advised similarly.  

Throughout the past two years, Delaware Academy CSD has followed all current directives as issued by NYSED, NYSDOH, and Delaware County Public Health.  As soon as the Board and Administration are appropriately advised on this issue by these authorities, I will convey any changes in our practices to our community.  At this time, the mask mandate remains in effect at Delaware Academy.


Kelly M. Zimmerman


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