Fee petition timeline extended in WCSD mask case
Those interested in learning what the Warren County School District’s attempt to circumvent state mask requirements is going to cost them will have to wait a few weeks.
When a consent order was entered resolving a federal lawsuit brought by a group of parents resolving the suit, the judge gave the parents time to file a fee petition.
An unopposed motion for a time extension was filed last week. It states that the deadline had been Dec. 29 but “it was not anticipated that the petition due date would fall during the holidays.”
The settlement was filed on Dec. 7 but not approved by the court until Dec. 15, which kicked off the 14-day clock.
The motion states that “counsel for both parties have discussed the timing of filing the fee petition and agreed” that the motion from the parent’s counsel could come first “to provide an opportunity for agreement/negotiation prior to submission to the court.”
Counsel then asked for an additional three weeks which the district’s attorney “consents” to. That pushes the deadline for the fee petition out to Jan. 19.
The crux of the case was a decision by the school board to effectively make masks optional in WCSD buildings. A group of parents — who have never been identified in court documents — challenged that decision and a federal district judge granted a temporary restraining order which reinstituted the mandate in the WCSD.
In response, the school board rescinded its initial action.
The draft order states that the “District shall comply with the August DOH order” unless, among other reasons, it’s amended, deemed invalid, the state changes course or the consent order is modified.
That changed earlier this month when the Pennsylvania Supreme Court overturned the statewide school mask mandate.
Those interested in learning what the Warren County School District’s attempt to circumvent state mask requirements is going to cost them will have to wait a few weeks.
When a consent order was entered resolving a federal lawsuit brought by a group of parents resolving the suit, the judge gave the parents time to file a fee petition.
An unopposed motion for a time extension was filed last week. It states that the deadline had been Dec. 29 but “it was not anticipated that the petition due date would fall during the holidays.”
The settlement was filed on Dec. 7 but not approved by the court until Dec. 15, which kicked off the 14-day clock.
The motion states that “counsel for both parties have discussed the timing of filing the fee petition and agreed” that the motion from the parent’s counsel could come first “to provide an opportunity for agreement/negotiation prior to submission to the court.”
Counsel then asked for an additional three weeks which the district’s attorney “consents” to. That pushes the deadline for the fee petition out to Jan. 19.
The crux of the case was a decision by the school board to effectively make masks optional in WCSD buildings. A group of parents — who have never been identified in court documents — challenged that decision and a federal district judge granted a temporary restraining order which reinstituted the mandate in the WCSD.
In response, the school board rescinded its initial action.
The draft order states that the “District shall comply with the August DOH order” unless, among other reasons, it’s amended, deemed invalid, the state changes course or the consent order is modified.
That changed earlier this month when the Pennsylvania Supreme Court overturned the statewide school mask mandate.



