Five Board of Education members fired by a Pennsylvania judge were given some more time Friday by the same judge. Their lawyers argued over the definition of the time given for their response, which the judge accepted. But it is not over; the could be removed again.
Chester County Judge William Mahon ordered the five Democratic School Board members fired in March 2022 for defying a mask mandate law and failing to respond to a petition that parents filed.
Judge Mahon ruled the Board members willfully defied a December 2021 order by the State Supreme Court to end the “state of emergency” mask mandate, which opined it was unconstitutional.
The board members did not respond to a February petition submitted by Beth Ann Rosica, the parent of a Westchester Area School District child. Ms. Rosica objected to the district’s continued mask mandated and filed her request for legal relief.
“Once the Supreme Court declared that was unconstitutional … we implored our school board, we asked and asked and begged and pleaded and made comments to lift the mask mandate, and they refused,” Rosica said, according to a WHYY report. “When they refused, that is when we made the decision to file the petition.”
The judge’s initial decision in Rosica’s favor was based on the lack of response from the attorneys representing the board members. They filed a legal motion asking that the judge to vacate his original order, reinstate the school board members and allow them to have until April 4 to file their written response.
“The judge didn’t think the school board members should be held responsible for the mistakes of the attorneys, and I think that’s reasonable,” Rosica reportedly told “The Epoch Times”. “I think that that’s fair.”
“The attorneys have to provide an answer to my petition by Monday.”
Board members are answerable to school district residents based on a rarely (if ever) used Pennsylvania law that provides redress from rogue school boards.
If board members “refuse or neglect to perform any duty imposed upon it by the provisions of this act relating to school districts,” they can be removed from office. The lawsuit brought by Rosica alleges the five Democrats refused to perform their duty to obey a state law that ended school mask mandates. So, she can afford to be gracious about the delay because she believes she will prevail on the merits of her case.
The Times report noted the district eventually ended its mask mandate, addding it also passed a health and safety plan that allows the board to impose future mask mandates in response to COVID-19 transmission.
It means the board could require masking again but Rosica exclaimed parents don’t want the board to have that much power. The whole reason she reportedly filed her suit was in reaction to board members not listening to parents.
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