PHILADELPHIA (KYW Newsradio) — Students and staff in the Perkiomen Valley School District will not be required to wear masks for the last several days of school. A federal judge denied a request from parents of three "medically fragile" students in the district, who argue the district’s move to optional masking is a violation of the Americans with Disabilities Act.
The families argue Perkiomen Valey’s masking policy is discriminatory towards medically fragile students, as it leaves those students no option but to attend school virtually.
The families asked federal judge Wendy Beetlestone to require universal masking for all students and staff in all district buildings, for the final week and a half of school, now that Montgomery County is in the CDC’s “high” community level, based on new hospital admissions.
Beetlestone denied that request for several reasons, including the timing.
"The fact there’s only a few days left in school, I think, really governed the decision of the court," said Luke Pepper, an attorney representing the families. "Our case is not over. We still believe our clients are being discriminated against on the basis of their disabilities."
Perkiomen Valley attorney Brian Subers says the district does all it can to offer access to classrooms, including high-quality masks or respirators to any student who needs one.
“We steadfastly believe that we are not denying access to any children, immunocompromised, severe medical issues, or otherwise. We are providing access — meaningful access — for all of our children to all of our schools,” Subers said.
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Beetlestone urged the two sides to work toward a settlement, noting that, without an agreement, they would be back in her courtroom every time there is a change in COVID-19 protocol guidance.
In response, Pepper told the judge he had what he describes as a conflict. He says they made an offer to the district that would lift the mandatory-masking requirement in exchange for an increase in other mitigation efforts. But he says that offer also required the district to pay their legal fees.
After the hearing, Subers referenced that comment as a concern for the district.
“As far as where the case goes from here, I think the comments made by opposing counsel in open court were pretty telling in what the problem is in reaching a settlement in this case.”
The three children have not been identified in the case. They’re listed anonymously in filings as Child Doe 1, Child Doe 2 and Child Doe 3.
Subers has asked the court to allow them to know who the children are. He told the judge they are confident they know the identity of one of the children, and that the child has not been wearing a mask, despite Montgomery County’s classification in the CDC’s “high” community level.
Further, Subers says, the childs’ sibling is a student in the district and is also not masking. Subers also told the judge, the parent volunteers with the district, and the parent also was not wearing a mask.
After the hearing, Pepper said settlement negotiations should remain confidential.
“We hope that we can reach a resolution, but I won’t comment any further,” he said.
Beetlestone told both sides the court would help them try to work toward a settlement, indicating it is not unusual for lawyers’ fees to be a sticking point.