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Court deals Beshear blow on mask order for schools

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Gov Beshear reads the age, gender and county of residence for people who tested positive for COVID-19.

Kentucky.com

Gov. Andy Beshear has canceled his Aug. 10 executive order that requires students to wear masks in schools but he hinted in a television interview that he is considering a statewide mask mandate with the legislature’s approval.

Beshear’s action on his school mask mandate came Monday on the heels of Saturday’s Kentucky Supreme Court decision that cleared the way for the Republican-led state legislature with new laws approved this year to limit the Democratic governor’s powers to deal with emergencies like the coronavirus pandemic.

Beshear did not immediately comment on his action or say if he thinks implementation of a state Board of Education emergency regulation on Aug. 12 requiring a mask mandate for students for most of this school year remains in effect as well as the Cabinet for Health and Family Services’ emergency regulation related to masks in child care settings.

A legislative panel recently found the regulations deficient, but Beshear overrode that decision. One of the new laws might limit those emergency regulations to 30 days.

]The Kentucky Department of Education said in a statement Saturday that the court decision has no bearing on the Kentucky Board of Education’s emergency regulation requiring masks in public schools..

On Monday, it said in a statement that the “emergency regulation stands on its own authority, so the regulation is still in effect and in place.”

The Kentucky School Boards Association said in a statement Saturday that it was reviewing the Supreme Court decision and urged “all education stakeholders” to take a slow approach in responding.

On Aug. 10, Beshear issued an executive order requiring almost all teachers, staff and students in K-12 schools, child care and pre-kindergarten programs across Kentucky to wear a mask indoors. It was to apply for 30 days and leave open the indefinite possibility for renewal. A U.S. district judge’s ruling last Thursday temporarily blocked that order in at least one school district. Beshear has asked that it be dissolved. A hearing in that case is scheduled for Tuesday.

Beshear filed Monday morning with Secretary of State Michael Adams’ office an order to rescind his Aug. 10 mask order.

He said this order would take effect immediately.

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