For the 2021 - 2022 academic year we, the undersigned, request that the West Chester Area School District maintain it's current Health & Safety policy regarding masks being optional for students & staff.  

We believe, as a community, that human rights are inalienable and therefore as afforded by the US Constitution and Pennsylvania State Constitution that individuals should be afforded the right to decide if they wear a mask, regardless of their vaccination status.  This includes parents/guardians, students, staff (i.e. teachers, aides, etc), and third party vendors (i.e. bus drivers).

While we understand that local circumstances may change, and that it will be at the discretion of the WCASD Administration and School Directors to adjust the plan as local conditions warrant it, we feel there is no circumstance at this time that would necessitate or justify a universal masking requirement "until vaccinated". 

We also request that the district reconsider its position on masks being required on district buses.  By legal definition, US Code - Title 49 - Subtitle III - Chapter 53 - Section 5302, public schools are excluded from the definition of "public transportation" (link: https://www.law.cornell.edu/uscode/text/49/5302):

(14) Public transportation.—The term “public transportation”—

(A)means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and

(B)does not include—

(i)intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity);
(ii)intercity bus service;
(iii)charter bus service;
(iv)school bus service;
(v)sightseeing service;
(vi)courtesy shuttle service for patrons of one or more specific establishments; or
(vii)intra-terminal or intra-facility shuttle services.

Regardless of the CDC guidance that references "including" school buses, that does not supersede the legal definition of school transportation and therefore remains within the jurisdiction of the WCASD to determine if masks are required on all contracted / chartered vehicles hired for the intended purpose of student transportation.  As district transportation is privatized through the district contract with Krapf Bus & On the Go Kids, Inc., and kids are assigned both to buses and seats, masks should be remain optional for all bus operators and students.  The unintended consequence of this policy during the summer has exacerbated the current driver shortage, and could result in a walkout of current drivers, should the district continue to follow the unenforceable guidance issued by the CDC.