Freeport Schools Covid-19 policy

Freeport superintendent says children and staff will continue wearing masks in schools

Monday's ruling by NYS Supreme Court judge in Nassau County will not change current Freeport School District policy

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Freeport Superintendent of Schools Dr. Kishore Kuncham announced yesterday on the school district website, freeportschools.org, that the district will continue to require students and staff to wear masks in schools according to the New York State mask mandate.

Kuncham's announcement is in response to yesterday's ruling by the Hon. Thomas Rademaker  that, according to the New York State constitution, the mandate is not legally enforceable. 

Rademaker is a judge for the New York State Supreme Court in Nassau County. 

The mandate was issued on Dec. 10, 2021, from Gov. Kathy Hochul's office based on a directive from the NYS Department of Health.

Rademaker ruled on the case of Demetriou et al. v. New York State Dep’t of Health et al. , a lawsuit that questioned the legality of the state mandate of Dec. 10  under the New York State constitution.   

The mandate rooted its authority in a piece of state regulatory code, 10 NYCRR §§ 260; 260 (a)  (see box). 

Rademaker's ruling did not give any opinion on whether masks are an effective tool against the spread of Covid-19. In fact, his order begins, "There can be no doubt of the good intentions behind 10 NYCRR §§ 260; 260 (a)," thus acknowledging that the purpose of the regulation is to reduce the spread of Covid-19.

Rademaker's ruling addressed, instead, whether 10 NYCRR §§ 260; 260 (a) was legally enforceable under the New York State constitution as "promulgated and enacted" by the governor and the Department of Health. He concluded that it was  not, because New York is not currently in a state of emergency.

Rademaker's ruling said that the state Department of Health does not have power to essentially make state law by saying that masks can be required in New York State's public places.  Instead, Rademaker wrote, aside from a state of emergency, the state legislature must issue any such mandate.

According to the state website, there is statutory authority for the regulation in New York State Public Health Law, sections 201, 206, and 225. 

In his announcement on FreeportSchools.org, Superintendent Kuncham pointed out that 10 NYCRR §§ 260; 260 (a) was recently upheld by Albany County Supreme Court in Massapequa UFSD et al. v. Hochul, et al. 

Kuncham's announcement added that the New York State Department of Health plans to appeal Rademaker's ruling. The appeal will automatically suspend Rademaker's order until an appellate court issues a further decision.  

Therefore, Kuncham's announcement said, "Freeport Public Schools will continue to follow the mask mandate. Freeport Public Schools continues to put the health and safety of our students and staff as our highest priority."