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Masks are not required, but they are recommended, inside Warren County School District's buildings.
Masks are required, according to the federal government, on school transportation. The penalty for not wearing a mask is "limited to warnings."
On Monday, the members of the school board voted five in favor, three opposed, one absent, to modify the consequences associated with individuals who do not live up to that federal mandate.
Until the change approved on Monday, the transportation mask policy would have followed an insubordination violation or something similar under existing policy, according to District Solicitor Chris Byham. That kind of transgression carries the potential for escalating penalties for repeat offenses.
Superintendent Amy Stewart said there were warnings issued last year and at least a few detentions were given at the building level for mask violations in school.
One of the members who voted against the measure, Marcy Morgan, said, "My concern is for our federal dollars. You're thumbing your nose… is that where we want to be?"
"It's not our choice. It's a federal regulation," Morgan said. "I'm concerned that we'll cause damage for ourselves."
"You are making a public statement that we are only going to give a warning," Board Member Mary Passinger said. "It's like saying, 'Do what you want.'"
"I think we're walking in dangerous territory," Passinger said. "Everybody knows that what we're saying is, 'We're not following that federal mandate.'"
Members who voted in favor disagreed.
"We are not stating as a board, 'You do not have to wear a mask,'" Board Member Elizabeth Huffman said. "We are following guidelines that are put down. We are saying that a warning will be given to the student."
"In no way do I feel like we are taking a stance where we are putting ourselves in jeopardy," Huffman said.
Byham did not advise the members during public session. "I gave my comments during the executive session last month," he said.
"We have children who are going to Walmart, going to church, going to school without masks," Board Member Arthur Stewart, who made the motion, said. He said that they could be "disciplined all the way through the code… for not wearing a mask on transportation" could be "jarring."
With "two or three in a seat" and the enclosed space, "there's a huge difference between being on a bus and being in Walmart or in a classroom," Passinger said.
Board members Kevin Lindvay, Paul Mangione, Arthur Stewart, Huffman, and Jeff Labesky voted in favor of the item. Passinger, Morgan, and Board President Donna Zariczny voted against. Joe Colosimo was not present at the meeting.