1/25/22 – Superintendent’s Update: Nassau County Mask Ruling

Dear DCS Community:

Several of you have already contacted the district to make us aware of a NYS Supreme Court Justice from Nassau County’s ruling regarding the school mask mandate. The New York State Education Department issued the following statement to school districts about this 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 continue to follow this order and enforce the mask mandate in our schools until notified to do otherwise. Please also be aware that, prior to the executive order, the Board of Education passed a local mitigation plan to continue wearing masks while in school while transmission rates in the county are High. That local plan can be found on the top of our website or at this link: https://www.duanesburg.org/wp-content/uploads/Layered-Mitigation-Chart.pdf

I will certainly keep you all apprised of changes to this situation and how they may impact the district.

Thank you,

Dr. James Niedermeier

Superintendent of Schools