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Parents press board to revisit outdoor mask rules; attorney says local discretion allows stricter rules
Summary
Multiple parents urged the Montgomery Board of Education to relax outdoor mask rules and to revise quarantine policies. The board attorney said state executive orders do not prevent local authorities from imposing stricter measures; the superintendent said she will review the district's outdoor mask policy with health officials and report back.
Parents at the Sept. 2021 Montgomery Township Board of Education meeting urged the board to relax outdoor mask requirements for students and to explain the district's quarantine and reporting policies. Board counsel said the board and superintendent have discretion to set stricter local rules than state guidance, and the superintendent said she would review the policy with the health department and school nurses.
Why it matters
The question pits evolving federal and state guidance against local public-health prudence and touches on student experience, parental concern and the district’s duty to protect staff and vulnerable students. The board heard multiple, sometimes opposing, perspectives at the meeting and said it will revisit the policy in short order.
What parents and residents said
- Jennifer Gessler asked the board to explain “what policy is driving mandates outside for after‑school activities,” noting a parent petition with roughly 178 signatures asking for policy clarity.
- Anya Lekajernigan raised concerns about a quarantine policy she described as “discriminatory” for treating vaccinated and unvaccinated students differently; she asked for more detailed, age‑specific case and hospitalization reporting from the district.
- Paul Fauci and other parents questioned why Montgomery’s outdoor masking rules appear stricter than the governor’s executive order and CDC guidance, which allows greater flexibility outdoors.
- Francine Pfeffer, who supports outdoor masking, said the CDC recommends masks for unvaccinated people in crowded outdoor settings and urged the board to consider immunocompromised students and staff when setting policy: “Your child wearing a mask outdoors is a very small price to pay to help everybody else.”
Legal and administrative response
Board attorney Steve Fogarty explained that Governor Murphy’s executive orders (including Executive Order 251 and its modifications) set statewide indoor masking requirements but do not prevent local entities from imposing greater restrictions. Fogarty told the meeting, in part, that “you have the discretion to take a look at what is happening in Montgomery and whether or not you need to impose a greater restriction based on the size of the school, the size of the playground area, the number of students who are using that venue at any given time.”
Superintendent and board next steps
Superintendent McLaughlin and other officials said they would review the outdoor mask requirement, consult with the Montgomery Health Department and school nurses, and return with recommendations. The board president said a decision and more information could be available within about a week, and the district’s attorney reiterated that the superintendent has authority to set and modify such operational health rules based on local conditions.
Quotes
- Board attorney Steve Fogarty: “You have the discretion to . . . impose greater restrictions” than the statewide executive order based on local conditions.
- Parent Francine Pfeffer: “Your child wearing a mask outdoors is a very small price to pay to help everybody else.”
Ending
The board did not change policy at the meeting. Officials said they will review current rules about masking outdoors, quarantine practices and reporting, then return to the community with clearer guidance.
