KNOX BOROUGH, Pa. (EYT) — A motion to delay the implementation of the Pennsylvania mask mandate in the Keystone School District was considered and then rescinded by the Keystone School Board because of advice from board legal counsel on Monday evening.

Previously, board members at a special school board meeting on October 4 voted to delay the enforcement of the Pennsylvania Department of Health’s August 31, 2021, Facial Covering Order until October 18.

Board president John Slagle — during their regular meeting on Monday, October 18 — proposed to delay the implementation of the mask mandate until November 15, the next board meeting, arguing the situation was liable to change.

“I think by that period of time something will happen that will take the weight off our shoulders,” Slagle told exploreClarion.com. “I think there are enough people who are calling their representatives in Harrisburg that something has to give. Maybe I’m just chasing a ghost, but to me, it’s just worth it.”

The motion was met with some weariness by other members of the board, who feared the district would be open to legal liability if they try to postpone the mask mandate.

“If we vote no, and we continue with the mandate, we’re protected,” said board vice president Greg Barrett. “If we vote against it, and we vote against the mandate, we are not protected. Our district is not protected, our board is not protected.”

“I’m willing to take that risk for another three weeks,” responded Slagle, who drew applause from the more than 50 members of the public in attendance.

Before being able to vote for the motion, board solicitor Tim Wachter interjected in the conversation and asked the board to go into executive session for him to give legal advice to the board on how to proceed.

After returning from the executive session, Wachter recommended the board rescind the motion, as it would be illegal under an August 2021 amendment to the Pennsylvania Sunshine Act.

“I want to inform the board and the public here today that there was a recent law passed in Pennsylvania known as Act 65 of 2021 which amended the Sunshine Law,” Wachter said. “This amendment went into effect on August 29, so it’s very recent.”

Wachter explained the law requires agendas for public meetings to be published 24 hours before the meeting, and that changes to the agenda at the board meeting need to meet certain requirements to be legal.

“We can only amend that agenda at the board meeting should there be matters that have arisen within the last 24 hours,” said Wachter. “If there are matters that have arisen that are de minimis (minor or minimal matters) in nature, emergency items that reflect a clear and present danger to life or property, or if there are matters that need to be referred and require research or do not require expenditure.”

Slagle’s motion, said Wachter, did not meet any of these qualifications and would violate the Sunshine Law if voted on.

“I recommend that in the future those items be added to the agenda prior to the meeting,” Wachter said.

The school board then voted to rescind the motion, with every school board member except for Slagle voting in favor.

Public Comments

During the meeting, the board heard from two members of the public arguing against the mask mandate.

(Pictured above: Dana Sloat addresses the school board.)

Dana Sloat argued the COVID-19 virus is rarely fatal to children, making a mask mandate inefficient.

“To my pro-masking neighbors, please ask yourselves why are you so scared when the children have a 99.92 percent survival rate,” she said. “It’s not about the children that you’re concerned about, it’s about yourselves.”

Masking for long periods of time, Sloat claimed, has adverse health risks.

“Have you even thought of the fact you voted to cover our children’s noses and mouths for six to eight hours a day?” remarked Sloat. “Have you even thought of the consequences for having their mouths and noses covered for that long?”

Sloat also made the point the flu never caused emergency measures to be taken, and claimed death rates for children and teenagers are the same between the flu and COVID-19.

“Just so we are clear, 14 children from the ages of zero to 20 have died within the last 20 months from COVID. Compare that to 2021 from the flu in 2018 and 19 in 2019,” she said, although she did not provide a source for these figures.

Leigh Black asked the board about the specific punishments students will suffer if they refuse to comply with the mask mandate.

“Can you please define what type of disciplinary measure that is? Define it step-by-step what (the) progressive discipline will consist of for all students refusing to wear a mask?” she asked.

Acting Superintendent Michael McCormick responded: “It would be considered insubordination because we would request the student to wear a mask, which I believe is a level four in the student handbook, and the board votes on every student handbook in July.”

Black also asked what type of absence would be reflected on a student’s records if they were to be sent home for refusing to wear a mask, to which McCormick said it would be counted as an out-of-school suspension.

“These students would actually come to school, and you are denying them an education and equal treatment and opportunity,” said Black.

In other business, the board:

• Approved the revised starting date for Teresa Young, Superintendent, October 28, 2021, and associated addendum to her contract.

• Approved David Wentling, custodian, extended temporary, full-time until June 30, 2022.

• Approved the Letter of Resignation from Ben Gaul, high school social studies teacher, effective November 29, 2021.

• Retroactively approved to post/advertise for a high school social studies teacher.

• Retroactively approval to post/advertise for a paraprofessional.

• Approved a substitute nurse pay increase from $90.00 to $110.00 per day, effective October 18, 2021.

• Approved Randy Whitmore as van driver.

• Approved an hourly fee increase for Knox Law by $5.00 per hour, effective July 1, 2021.

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