Legal Guide by https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d Mask Mandates in Schools en-us 2022-02-26 21:40:18 UTC 2026-02-25 00:06:08 UTC hello@padlet.com https://padlet.net/icons/png/1f637.png Slide #1 Professional Perspective/Audience/Topic: allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067774994 I will be approaching this legal guide from the professional perspective of an elementary school principal and addressing how mask mandates affect staff, students, and decisions. My audience will be administrators, specifically principals and assistant principals. I chose this topic because this is one of the most current issues principals are having to navigate without an exact model in history to follow. ]]> 2022-02-26 22:14:59 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067774994 Slide #2 Interview allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067775546 I interviewed Gena Carpenter, the current Principal of Tally Elementary school in Kerrville, Texas. Even though she was not the one to make any of the final decisions on the requirement of masks, she was affected by the decision and had to enforce it on her campus. She was able to explain what she saw as KISD decided, the best practices, and what she thinks an emerging issue is currently, relating to mask mandates.

1) For a principal, the decision to require or not require masks is important because it affects the entire school culture. At KISD school board meetings people argued that requiring students and faculty to wear masks was wrong and it should be a personal choice. An equal amount of people argued that it is a public health issue and can be compared to seat belts; benefits the greater good. At the end of the first year of the pandemic, some families moved to another district because they had lifted their mask requirements. The next year some families left KISD because of the lifted mask requirements. As a school district, it would be impossible to please everyone, so KISD chose to follow the guidelines set by the TEA. All principals encourage masks especially if someone feels compromised or lives with someone who is high risk. Bullying anyone for their belief, either way is not tolerated and will be addressed. 
2) Best Practices:
  • Communication- Allow all voices to be heard prior to making decisions, keep all stakeholders informed during the decision-making process, and explain why the decision was ultimately made.
  • Follow the TEA- The TEA is responsible for all public schools in Texas as well as student safety. They released guidance in January 2022. https://tea.texas.gov/sites/default/files/covid/SY-20-21-Public-Health-Guidance.pdf 
3) An emerging issue similar to mask mandates that educators should keep an eye on is vaccine mandates. According to the CDC website (January 7, 2022), all children over the age of 5 are recommended to get the Covid-19 vaccine. Just like the mask mandate, there is a division when it comes to the belief in the covid-19 vaccine being required for students to attend public schools. It will be important for principals to keep up with all changes in vaccine requirements.
4) Interviewed Gena Carpenter, principal at Tally Elementary school in Kerrville, Texas. https://www.kerrvilleisd.net/domain/162

]]> 2022-02-26 22:16:39 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067775546 Slide #3 cont. Professional Association: allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067815714 In this article, the writer/educator expresses her fears as the summer is ending and the school year is approaching due to Covid-19 safety. She expresses that even though she has chosen to remain unvaccinated, she has made many decisions to protect the health of others and plans to wear a mask when returning to work. In this article she also includes many questions she urges school leaders to consider addressing with their staff upon their return that include topics such as policies, support, and procedures. She believes that all levels of educators should work together during this new and changing world of education due to Covid-19 and all that it entails. 

Nold, C. (February 26, 2022). Putting the "We" back in wellness. ascd.org. https://www.ascd.org/el/articles/putting-the-we-back-in-wellness


]]> 2022-02-27 00:04:28 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067815714 Slide #4 Current News Article: allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067820187
  • Federal officials have released new guidelines for Covid-19 safety and are now allowing schools to decide if they will require masks or not. 
  • This requires school administrators to make the difficult decision that will make one side very unhappy. 
  • Fortunately for principals, in most school districts in Texas, the district makes the decision at the superintendent level and not at the principal level. 

    • Blad, E. (February 25, 2022). What the CDC's relaxed mask recommendations mean for schools. edweekly.org. https://www.edweek.org/policy-politics/what-the-cdcs-new-mask-recommendations-mean-for-schools/2022/02

    ]]>     2022-02-27 00:20:43 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067820187     Slide #5 Current News Articles: allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067823128
  • Students in larger school districts around Texas are voicing their concerns and frustrations with the lack of Covid protocols. 
  • They are calling for more restrictions such as mask mandates and going as far as signing petitions to close down schools. 
  • Students are wanting virtual classes but the TEA has capped virtual enrollment at 10% per district. 
  • Students do not feel safe and are frustrated with the number of substitutes they have due to so many teachers being out due to covid. 
  • Principals are being faced with maintaining a united school culture of safety without voicing opinions or personal beliefs on the subject. 

    • Park, B. (January 31, 2022). Texas students frustrated by limited covid-10 protocols turn to petition drives and walkouts. texastribune.org. https://www.texastribune.org/2022/01/31/texas-students-covid-19-walkouts/

    ]]>     2022-02-27 00:31:04 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067823128     Slide #6 Constitutional Law allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067828180
  • The tenth amendment of the Constitution states that if something isn't listed in the constitution it is left up to the states to decide (U.S. Const. Amend. 10). 
  • The federal government cannot require citizens to wear face masks. 
  • The government can highly recommend or suggest face coverings be worn in federally funded businesses or spaces, but it is a state-level decision whether or not it becomes mandated. 

    • National Archives. (January 19, 2022). The bill of rights: a transcription. archives.com. https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-amendment-x

    ]]>     2022-02-27 00:46:36 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067828180     Slide #7 Statutory Law allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067828737
  • On July 29th, 2021 Governor Greg Abbott issued executive order GA-38. 
  • This order clarifies the state's response to covid-19 such as social distancing and mask mandates. 
  • The executive order states that masks are suggested, but not required. 

    • Exec. Order GA-38 (2021). https://gov.texas.gov/uploads/files/press/EO-GA-38_continued_response_to_the_COVID-19_disaster_IMAGE_07-29-2021.pdf
    ]]>     2022-02-27 00:48:13 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067828737     Slide #8 Judicial Law allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067829024
  • On August 16th, 2021 the Texas Supreme Court granted an emergency motion for temporary relief in the Abbott v. City of San Antonio case (2021). 
  • This emergency relief kept Governor Abbott in control of deciding if masks were mandatory or if local government entities had that power. 
  • Masks can be suggested but cannot be made mandatory for entry into a school.

    • Abbott v. City of San Antonio, No. 04-21-00342-CV (Tex. Ct. App. 2021). https://www.leagle.com/decision/intxco20210820839
    ]]>     2022-02-27 00:49:08 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067829024     Slide #9 Administrative Law allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067829351
  • The U.S. Department of Education released a handbook in February of 2021 with suggested policies and procedures for safely reopening schools during the Covid-19 pandemic. 
  • This handbook suggests that any individual over the age of 2, that is not fully vaccinated, wear a face covering while in school or school transportation. 
  • The handbook also gives suggestions on the use maintenance of face shields. 

    • The U.S. Department of Education. (August 2021). ED covid-19 handbook, volume 1: safely reopening elementary and secondary schools. https://www2.ed.gov/documents/coronavirus/reopening.pdf
    ]]>     2022-02-27 00:50:10 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067829351     Slide #10 Local Administrative Law/Policy/Rule: allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067829640
  • The local school district (Kerrville Independent School District) and the local university (Schreiner University) do not require masks to be worn on campus. 
  • Both highly recommend cloth masks are worn, but follow the CDC and laws when enforcing this recommendation. 

    • Covid-19 information. (January 10, 2022) Schreiner University. https://schreiner.edu/covid-19-update/

    KISD Covid Dashboard. (February 25, 2022) Kerrville Independent School District. https://www.kerrvilleisd.net/Page/5446

    ]]>     2022-02-27 00:51:14 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067829640     Slide #11 Ethical Principle: allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067829875 According to the Texas Administrative Code's Educators Code of Ethics,  the educator shall comply with state regulations, written local school board policies, and other state and federal laws (Tex. Edu. Code § 247.2(G)1.7). This means that educators at all levels will follow the laws set by the local school board and TEA when it comes to Covid-19 protocols and mask mandates. Principals should not create and enforce their own policies, but follow the ones the school board and superintendent decide is best for the school district.

    Texas Administrative Code. (October 21, 2018) tea.texas.gov. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2
     
     

    ]]>     2022-02-27 00:52:03 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067829875     Slide #12 Personal Connection to the Legal and Ethical Standards: allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067830384 Due to Covid-19 being part of our recent history, mask mandates have only affected my graduate studies. Since my college courses are offered virtually, the mandates only affected me as an educator in an education field of study. I struggled during the time the mask mandate was being enforced due to asthma, allergies, cancer, anxiety, and other issues that made breathing difficult. It was also these medical issues that made wearing a mask necessary to prevent me from contracting Covid-19. I was diagnosed with cancer and had a full nephrectomy causing me to be at a higher risk of death if exposed to Covid-19. I have asthma and I am allergic to latex. The bands on the earpieces of the majority of masks are made with latex which not only can burn my skin but also trigger my asthma symptoms. I was unable to take deep breaths and was constantly struggling to be heard because my voice became hoarse. I feared not being able to continue as a teacher and therefore having to stop my pursuit of a master's degree in education. I am very fortunate to live in Texas and have the right to choose not to wear a mask thanks to Governor Abbott's executive order banning mask mandates and the Educator's Code of Ethics stating that I will comply with state regulations (Tex. Edu. Code § 247.2(G)1.7). ]]> 2022-02-27 00:53:26 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067830384 Slide #13 Recommendations / Best Practices for Compliance: allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067830829 Best Practices:
    • Communication- Allow all voices to be heard prior to making decisions, keep all stakeholders informed during the decision-making process, and explain why the decision was ultimately made.
    • Follow the TEA- The TEA is responsible for all public schools in Texas as well as student safety. They released guidance in January 2022. https://tea.texas.gov/sites/default/files/covid/SY-20-21-Public-Health-Guidance.pdf 
    • Follow the Texas Administrative Code (TAC)- 19 TAC § 247.2 (G) 1.7 states that the educator shall comply with state regulations, written local school board policies, and other state and federal laws.
    • Follow Local Laws- Follow the policies and procedures voted on by your local school board and superintendent to show your staff and students confidence in your district's decision-making abilities (19 TAC § 247.2 (G) 1.7). 
    • Stay up to date- As an administrator, you should constantly be educating yourself and keeping up with current events and statistics especially in education in your area.
    • Encourage Professional Development- Provide opportunities and encouragement for your school nurse, Health teachers, and any interested staff to attend professional developments on current health and safety practices.
    ]]>     2022-02-27 00:55:00 UTC https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2067830829     Slide #3 Professional Association: allisoncarroll13 https://padlet.com/allisoncarroll13/o0p2ofzg3l69fl6d/wish/2079255720 The Association for Supervision and Curriculum Development (ASCD) supports the Whole Child view of education and urges the Biden administration to do the same in regard to the Covid-19 pandemic. ASCD compiled a list of policy recommendations in response to Covid-19 and the effects it has had on schools. Their number one recommendation is to promote the Whole School, Whole Community, Whole Child (WSCC) school-health model that was developed in conjunction with the CDC recommendations. ASCD recommends this model be adopted in all states. 
    Having one model for all states would be beneficial for administrators making decisions such as whether or not to require masks or facial coverings to be worn in schools. 

    ASCD Policy Recommendations (2022). ascd.org. https://library.ascd.org/m/373230e8f7ec575b/original/ascd-biden-transition-team-education-recommendations.pdf

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