Court Upholds School Mask Rule

The Ingham County Circuit Court recently denied a parent’s attempt to stop the enforcement of a school mask rule issued by the school’s superintendent. Holland v DeWitt Pub Schs, Ingham County Circuit Court Case No. 21-12099-CZ (2022). Although not binding on other Michigan circuit courts, the decision may provide persuasive authority in challenges to similar rules issued by school superintendents.

The school’s mask rule required students and staff to wear masks at school. The superintendent issued the mask rule pursuant to a board policy that (1) recognized that controlling the spread of communicable disease, including COVID-19, through casual contact is essential to the well-being of the school community and to efficiently operate the school, and (2) authorized the superintendent to develop administrative guidelines to control communicable disease, including measures to prevent and control its spread (Policy).

The parent asserted that the mask rule violated Revised School Code (RSC) Section 1201(1) and was unenforceable because the board did not review or formally adopt it. RSC Section 1201(1) re­quires the board’s business to be conducted at public meetings.

The court concluded that the board complied with the RSC by adopting the Policy, which properly delegated authority to the superintendent to issue the mask rule.

The court observed that RSC Section 1201(1) does not require a superintendent to report all superintendent actions to the board for those actions to be valid and binding. Such a requirement, reasoned the court, would transform the superintendent into a “messenger” without authority to manage school day-to-day operations.

The court added that the parent waited nearly three months after the mask rule was announced to file the lawsuit, requiring the court to dismiss the case based on the doctrine of laches, which limits legal challenges by those who “slumber on their rights.”

For Thrun Policy Manual subscribers, Thrun Policy 2201(A)(6) states: “The Board delegates to the Superintendent the authority to take action in circumstances not authorized by Board action or Policy when required to effectively maintain the District’s day-to-day operations.” Accordingly, Thrun’s policy provides a superinten­dent with broad authority to manage day-to-day school operations, which could include imposing a mask rule.