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As western New York families prepare to send their children back to school, one local school said they will not require a mask mandate for its students. We spoke with Leslie Silva, who is a partner with Tully Rinckey who specializes in education law, and she said this is a losing case even though this school is private and colloquial.
“When you have a neutral and general mandate for health and safety, I don’t see how this school has any grounds to challenge it,” said Silva. “There are a lot of challenges that are present at all different levels of the court when it comes to different mandates, whether it’s masks or vaccines, and that’s not just in New York but across the country. It’s up to the school to out their hat in the ring and see if there challenge will be successful, but I don’t believe that it will be.”