Education secretary warns Tamaqua officials of lawsuits over mask policy
The state secretary of education has warned Tamaqua Area school directors of potential lawsuits and other repercussions if the district doesn’t adhere to Pennsylvania’s school mask requirement.
“Please be aware that this letter serves as official notice to you that failure to comply with the mask order is a violation of law and imparts knowledge of both the applicable law and your organization’s noncompliance,” Noe Ortega wrote in a letter sent to the board Wednesday.
During an emergency meeting last week, directors voted 5-2 to uphold the district’s health and safety plan and allow for “parental choice” on masking. A few days earlier, the state mandated that masks be worn in all schools and day cares beginning Tuesday.
Ortega said the state order is “not optional.”
“By failing to adhere to the order, you may personally face lawsuits from those who may be affected by noncompliance with the Order, including children who may become ill as a result of the district’s violation, or disabled children who are unable to attend school because of the district’s failure to follow the order,” Ortega wrote. “In such a situation, you could face suit and potential liability with no indemnification or protection.”
A penalty occurs each day there is a violation and may be charged for each student or staff member attending the school.
Failure to comply may negatively affect workers’ compensation claims coverage and premium calculations, Ortega wrote.
In addition, Ortega warned there is a chance that the district will lose its liability insurance.
“We strongly suggest that officials inquire with their personal insurance professionals regarding the extent that personal insurance (homeowners, etc.) may or may not offer protection in the event that you are sued in your personal capacity,” Ortega wrote.
Furthermore, districts that do not comply may face an investigation by the United States Department of Education’s Office for Civil Rights.
Ortega’s letter to the board was obtained by Associated Press on Thursday. The district’s solicitor declined comment. A message was sent to the school board president seeking comment.
Tamaqua is the only district to have received such a letter, said Kendall Alexander, spokesperson for the state Education Department.