Legal opinion regarding health authorities in the Worcester Public Schools

 We received this yesterday evening from Mayor Petty. Sharing in light of today's T&G which (sigh) gets it wrong:

Mr. Mayor,

With respect to a mask policy for the Worcester public schools, there is shared jurisdiction among the Worcester School Committee, the state Department of Elementary and Secondary Education (DESE), and the Worcester Board of Health (BOH). The interplay of such shared jurisdiction is nuanced.

A BOH regulation that imposes a masking requirement that is effective for a longer period than a policy issued by DESE or the School Committee takes precedence. Absent a BOH regulation, a DESE policy that is in effect longer than a School Committee policy would take precedence.

DESE has announced that its mask policy will be lifted on February 28, 2022. The BOH regulation is in effect until the Board rescinds it. The Board has indicated that it will consider that on March 7, 2022. The School Committee policy is likewise in effect until rescinded by the Committee.

As it stands, after the repeal of DESE’s policy the BOH regulation and the School Committee policy will each be in effect. If the BOH rescinds its regulation on March 7, or sooner, the School Committee policy would control after February 28. However, a rescission of the School Committee policy prior to rescission of the BOH regulation and/or the DESE policy would not render the BOH regulation or DESE policy moot and unenforceable.

In sum, the School Committee can maintain a mask requirement longer than either DESE or the BOH. However, rescission of the School Committee mask policy prior to the rescission of either DESE’s policy or the BOH regulation would not negate either of those entities’ policies if they were still in place.

Under the current circumstances, absent sooner action of the BOH, there is a mask requirement for Worcester schools until at least March 7.

Please do not hesitate to contact me if you have any questions.

Michael E. Traynor

City Solicitor