January 25, 2022
Dear Stillwater Community,
As you are aware from my early morning correspondence, on January 24, 2022, the Nassau County Supreme Court ruled in the matter of Demetriou et al. v. New York State Dep’t of Health et al. that the Department of Health exceeded its authority in enacting the school masking regulation, 10 NYCRR 2.60. Since that time there has been significant confusion and misinformation regarding the impact of Demetriou on public school districts and whether or not the masking regulation remains in effect or has been “stayed”.
Earlier today the Governor and the State Department of Health filed an appeal from the Demetriou decision. This afternoon arguments were heard before the Appellate Division, Second Department on the issue of the status of the masking regulation. The Appellate Court has temporarily stayed the Order and Decision set forth in Demetriou through at least January 28, 2022, to permit the parties an opportunity for additional arguments on that date.
In light of this ruling, public school districts in New York State remain subject to the Department of Health masking regulation at least through January 28, 2022. We will continue to monitor these proceedings and inform you of updates as they arise.
We all look forward to a resolution that highlights a plan for a return to normalcy. Thank you.
Superintendent of Schools