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Ex. PA-042 Order Primary source read

Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities

Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities

Acting Secretary of Health Alison V. Beam · Pennsylvania (State)

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The record

Jurisdiction
Pennsylvania
Level
State
Authority
35 P.S. § 521.5; 71 P.S. § 532(a); 28 Pa. Code § 27.60
Issued
2021-08-31 Aug. 31, 2021
Effective
2021-09-07 12:01 a.m. (read as 2021-09-07)
End
'until otherwise terminated'; declared void ab initio by the Commonwealth Court Nov. 10, 2021 (Corman v. Acting Secretary, 294 M.D. 2021; automatic supersedeas vacated Nov. 16, 2021), affirmed per curiam by the Supreme Court of Pennsylvania Dec. 10, 2021 (83 MAP 2021; opinion Dec. 23, 2021, PA-045); in force and enforced Sept. 7 - Sept. 30, 2021 (read as 2021-11-10)
In force
Sept. 7, 2021 to Nov. 10, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child care
Addressees
  • every public, charter, private and parochial PreK-12 school, career and technical center, intermediate unit, Pre-K Counts, Head Start and Preschool Early Intervention program, private academic nursery school, and every child care provider licensed by the Department of Human Services
Functions reached
  • IN in-person instruction
  • EC child care (every licensed provider)
  • WF workforce (school and child-care operating conditions)
  • HR (staff masking)
  • AC activities
Collection
Pennsylvania PA

Operative words

'School Entity' means any of the following: (1) A public PreK-12 school. (2) A brick and mortar or cyber charter school. (3) A private or parochial school. (4) A career and technical center (CTC). (5) An intermediate unit (IU). (6) A PA Pre-K Counts program, Head Start Program, Preschool Early Intervention program, or Family Center. (7) A private academic nursery school and locally-funded prekindergarten activities. (8) A child care provider licensed by the Department of Human Services of the Commonwealth. Section 2: General Masking Requirement. Each teacher, child/student, staff, or visitor working, attending, or visiting a School Entity shall wear a face covering indoors, regardless of vaccination status, except as set forth in Section 3.... Section 4. School Entity Obligations. A. A School Entity must: 1. Require and enforce the requirement that all teachers, children/students, staff, and visitors (subject to the exceptions in Section 3) wear a face covering indoors, regardless of whether this Order is reflected in a school entity's Health and Safety Plan.... Section 5. Federal Requirements Relating to Transportation. This Order shall not impact the obligation of any School Entity to comply with requirements issued by the CDC, including requirements for masking on public transportation conveyances, such as school district transportation. Section 6. Effective Date and Duration. This Order shall take effect at 12:01 a.m. on September 7, 2021, and shall remain in effect until otherwise terminated.

Enforcement

Disease Prevention and Control Law; the Department of Education's FAQ warned school officials of personal liability, fines and other penalties for non-enforcement (PSEA Legal Division summary, Sept. 7, 2021)

Notes

The Commonwealth's principal Q3 2021 instrument: a force-of-law mask mandate on every school and every licensed child-care provider from Sept. 7, 2021; plead it as in force and enforced Sept. 7-30, 2021 with the later invalidation footnoted (bundle flag).

Retrieval note

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