Governor's repeal of mask mandate does not nix masks
Masked teachers stand outside, waiting for masked students on the first day of school. The mask mandate by the governor had been launched the day before school started, and the KBE added its force to it the day after, on August 12.
While some may think that Gov. Andy Beshear gave the go-ahead to public school students to toss the masks if they so choose when he rescinded his mask mandate for the state's school systems, that is not the case according to Pendleton County Schools Superintendent Joe Buerkley.
"Nothing has changed at this time with the [Kentucky Board of Education] mandate," he confirmed.
Kentucky Gov. Andy Beshear rescinded his school mask mandate Monday afternoon, August 23, after acknowledging his loss in the Kentucky Supreme Court. That loss stated, in essence, that he had made laws without the input of the legislative branch, the branch that has the authority to make laws. The Court was clear that the emergency powers the Governor claimed were limited by what the legislative body chooses in the best interest of the people of Kentucky to give.
The Kentucky Board of Education, however, is the authority over all public schools in the state of Kentucky. While local boards set policies for their districts, the KBE sets policies that all public schools must follow. Much of their work involves equity, supporting laws that govern education, and general policies for school safety, which is why they are given the authority to issue mandates such as the mask mandate.
This is why Pendleton County School students, staff, and visitors will continue to follow a masking requirement as they enter buildings each day.
Buerkley is on the front lines as the debate over masks and children continues, as are most others in his position across the state. He acknowledges that the KBE mandate is under fire, too, and Rep David Hale, Republican co-chair of the Administrative Regulation Review Committee, met with committee members on Tuesday, August 17, about the regulation issued by KBE. The vote went down party lines, leading it to be acted on in the upcoming legislative session, according to WSAZ, a West Virginia news station. Hale represents Menifee, Montgomery, and Powell Counties.
In all the legal wrangling, Buerkley is, as always, focused on his main goal. "I'm sure there will be more legal challenges in the coming days. I hope the general assembly and governor can put politics aside and make the best decisions for our children and their education."