Monroe County Commissioners heard arguments on Monday regarding Seven Oaks Classical School’s violation of the county COVID-19 mask mandate.
The Monroe County Health Department cited the school and issued a ticket worth $250 on Aug. 19.
The school’s headmaster, Stephen Shipp, said he interpreted Indiana executive order 21-19 to grant school boards the authority to adopt policies that welcome masks, but not require them. County attorney Margie Rice disagreed and said the executive order allows local health orders to be more restrictive than what the state has in place.
“I understand there are competing authorities,” Shipp said. “That’s pretty common in our system, and that’s one of the complexities and beauties of our system of government.”
Shipp said different interpretations of the executive order are exactly why appeal processes exist. However, he is concerned about certain aspects of the procedure.
“The commission created the process for appeal,” he said. “The commission also appoints the members of the health board, and approves the county’s health orders, and now the commission is also serving in a kind of quasi-judicial function.”
County attorney Jeff Cockerill said the decision to make county commissioners the hearing body in these appeal cases is not a local decision.
“That is driven by state code,” he said. “That was not a local decision that was made, that was made by the state legislature.”
County attorney Margie Rice said the Seven Oaks board of directors is acting as if it knows better than the local board of health.
“Indiana law is absolutely clear, as I read today into the record, that charter schools have to follow local and state law,” she said.
Shipp said Seven Oaks cannot know if it is out of compliance with local health orders until commissioners vote.
“I’m confident now as I’ve ever been that our board wants to follow the law,” Shipp said. “And if we are shown that we are in error about what the law requires then we will change as we need to change.”
The commissioners will vote on the appeal at one of its upcoming Wednesday meetings, with a written opinion by Oct. 5.
