Middletown Schools May Allow A Parent's Note To Exempt Masks

MIDDLETOWN, NJ — At its meeting Tuesday, the Middletown school board will vote on a policy allowing the district to accept a letter from either a child's parent or doctor saying mask-wearing inhibits the child's health.

Last year, students in New Jersey were exempted from wearing a mask only if they had a medical condition documented by a doctor.

If the board approves the policy resolution, a note from a parent would be enough.

The letter has to be specific as to how the child is affected, said school district attorney Bruce Padula — "general statistics or assertions about mask wearing are not acceptable," the policy reads.

The Middletown school district has about 9,500 students.

The matter was first introduced to the public at Wednesday night's board meeting. It is part of a resolution the Middletown school board will vote on Tuesday; the resolution can be read here.

It states: "The District shall accept an individual or parental testimonial letter as evidence that wearing a mask inhibits an individual’s health. Any such letter must describe how wearing a mask specifically affects that individual or student. General statistics or assertions about mask wearing are not acceptable. The District shall accept correspondence from an individual’s healthcare provider, without being subject to District Physician review, that wearing a face mask inhibits an individual’s health."

The way the resolution is written implies that even an individual student may be able to submit a note themselves. Notes will be submitted to the school principal or nurse.

Two board members took issue with the idea at Wednesday's meeting.

Tom Giaimo said the policy is de facto non-mask-wearing and circumvents Gov. Phil Murphy's Executive Order 251 that orders all New Jersey K-12 students must wear masks.

"This is really a mask-optional resolution," he said. "All it requires is a simple letter from the parent. That's really what we're talking about. This is a mask-optional policy."

"One of our first and utmost duties is to maintain safety of our students and our staff," said board member Deborah Wright. "Normally, in a work setting, if someone is asking for a reasonable accommodation, they have to provide some documentation to back that up. And honestly, the only thing that I've ever seen is a letter from some type of health care provider."

"So now if we start accepting individual letters from parents — and it's still loosely defined what it is those letters have to state to say why masks cannot be worn — if we face a potential lawsuit from a parent whose child contracts COVID, does that increase our liability as a district?" Wright asked.

"Does the district have the ability to screen or reject a parent's letter?" Giamio also wanted to know. "And if so, what is the criteria?"

Padula said it "may be possible" the district could reject a parent's letter. "It depends on the letter," Padula said. "I'm not going to comment on hypothetical letters."

Padula wrote the policy, along with board members Jacqueline Tobacco and Frank Capone.

Tobacco is the chair of the policy committee for the Middletown school district. She is well known to be critical of mask-wearing.

"I would like to say that we are following the letter of the law exactly as Gov. Murphy's Executive Order 251 has laid out, which also includes we are following all of his exemptions," Tobacco said Wednesday night.

Currently, here are the rules on approved exemptions to Murphy's mask mandate.

"We are not defying Gov. Murphy's mandate. We can't do that," BOE president Joan Minnuies said at the meeting. "But we are trying to help people — students — move forward until something changes."

The state Department of Education asked all New Jersey school districts to submit a policy on mask-wearing. It remains unknown if they will accept Middletown's proposal.

When Patch asked the state education department if it will accept Middletown's policy, a spokeswoman for the governor replied.

“Executive Order 251 specifies masking exemptions, which include instances when wearing a mask would inhibit an individual’s health," said Murphy spokeswoman Alyana Alfaro Post. "The order does not prescribe the way a district would implement that exemption, but districts should follow public health guidance and ensure masking for all individuals who are able.”

This comes at a time when a number of Middletown parents and students are vehemently against being forced to wear masks when the school year begins Sept. 8.

Two Middletown school board candidates, Jaime Sanacore and Kate Farley, launched this petition calling on Middletown schools to not comply with Murphy's order and to make masks optional.

Middletown schools would also allow students to take their masks off in hot weather, as the state allowed all New Jersey schools to do in June.

Related: Middletown BOE May Prohibit Teachers Discussing COVID-19 Vaccine (Aug. 19)

Middletown Students And Parents Flood BOE Meeting, Fighting Masks (Aug. 19)

Middletown BOE Member Tobacco Speaks Against Masks At Senate Hearing (July 20)

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