Tamaqua Area School Board President Larry Wittig said the board will address a letter from the state Department of Education about its refusal to comply with the mask mandate at Tuesday night’s regularly scheduled committee meeting.

Last week, the Department of Education sent a warning to the district about its decision to keep masking optional.

The letter, signed by secretary of education, Noe Ortega, was dated Sept 8.

“As such, by failing to adhere to the order, you may personally face lawsuits from those who may be affected by noncompliance with the Order, including children who may become ill as a result of the district’s violation, or disabled children who are unable to attend school because of the district’s failure to follow the order,” the letter said.

“In such a situation, you could face suit and potential liability with no indemnification or protection. In this regard, the administration is aware that some districts’ liability insurers have explored canceling coverage as a result of those districts’ possible illegal conduct and potential purposeful violations of law. Further, school districts’ violations of law may negatively affect workers’ compensation claims coverage and premium calculations.”

Ortega’s letter also stated “recent studies have shown that mask-wearing in schools has contributed to lower levels of COVID-19 transmission among students and staff and allowed for continued in-person school attendance. Further, research supports that mask wearing has no significant adverse health effects for wearers.”

The school board held a special meeting on Sept. 2 where a 5-2 vote was passed in favor of keeping the district’s health and safety plan the same - with masks being optional.

“If it’s a health hazard to wear the mask, which in some cases it could be, they should have that option,” said Wittig after that meeting.

“I don’t think that us or any other government agency should take that right away from parents.”

Last month the board debated whether to wear masks on buses, but complied because it is a federal mandate.

Ortega’s letter said the board is “flagrantly violating” and “does not intend to comply” with the (mask) order.

The letter said, “Failure to implement and follow the control measures under the Order subjects a person, which includes you as a member of the governing board, to the penalty provisions of the Disease Prevention and Control Law of 1955. A violation occurs each day there is a violation and may be charged for each student or staff member attending the school.”

Since Aug. 23, the TASD has reported 26 COVID-19 cases throughout the district.