HARRISBURG, Pa. — Governor Tom Wolf announced Monday he has vetoed House Bill 2787, which would have mandated that school fall activities be under the sole jurisdiction of local school districts, calling the bill "superfluous."
Wolf said local school governing bodies already have authority, but HB2787 would restrict state and local officials' ability to respond to health concerns and potential outbreaks as flu season approaches.
"The bill would have done nothing more than create legislation for something that already exists," Wolf's office said in a press release. "Instead of drafting bills such as this the legislature should be focused on bills that protect the health and safety of our children in their learning environments, minimize exposure to COVID-19 and prevent the spread of this deadly virus."
HB2787 passed in the Pennsylvania Senate by more than a 2/3 majority, which means the Senate could potentially override the governor's veto.
Family members of high school althetes understand the risks and believe the decision should be up to the school districts.
“These are the times that I’m never going to get back,' said Jim Janovich, Etters, York County. 'You know, one he graduates, these are the memories that we’re going to have. I remember, growing up, playing high school football. There’s no better feeling than looking into the stands and seeing mom and dad there. For these kids to not have their parents there supporting them, I think it’s a detriment to their mental health.”
“I think it should be up to the school district. I normally go to all their games but I understand because of the COVID-19 its for safety," said Suzanna Reinhart, Etters, York County.
Wolf said on Sept. 10 he was not concerned about that possibility.
Under state guidelines, outdoor crowds are capped at 250 people. Wolf has said the purpose of the guidelines are to keep people safe and minimizing exposure.
In the case of schools, he said health and safety guidelines also serve the purpose of keeping students safely in the classroom.
"Schools have the ability to decide whether they want to have sports," said Wolf. "All I'm saying here is the schools don't have the ability to override the virus that is saying 'bring people together I'd love that.' I can't override that virus. I don't know how school districts can override it. And, yet this bill pretends that they can. They can't. That's the reality. The virus is going to do what it does."
Wolf's critics said the 250-person limit for outdoor crowds at school activities like high school football is unrealistic.
The bill's sponsor, State Rep. Mike Reese (R-Westmoreland), said the limit on crowd size "doesn't account for what these activities really are."
"We're actually going to have some students who are going to have to be out in the hallway or potentially out in the parking lot waiting to be substituted into the game," Reese said.
Republicans plan an override vote in the House as soon as possible.
But both chambers will once again have to come to a two-thirds majority.
In his official message in the veto announcement, Wolf said:
“We have been confronting extraordinary challenges with the COVID-19 pandemic. As we continue the fight against COVID-19, we need to continue to prioritize the health and welfare of Pennsylvanians and minimize public health risks. However, this bill does nothing to promote public health or ensure that our children have a safe learning environment. As we reopen our schools, we need to continue to be vigilant and take precautions to keep ourselves, our communities, and our children healthy. These mitigation efforts not only help keep our children, teachers, and staff healthy, they also help keep our schools open.
“This bill is entirely unnecessary. While I recommended against holding school sports before January 2021, it was a recommendation and neither an order nor a mandate. Local school governing bodies have maintained the authority to decide how extracurricular activities, including school sports, proceed at the local level. Furthermore, to the extent COVID-19 cases may rise and spread during the fall and through the upcoming cold and flu season, the Department of Health must maintain the critical authority to limit exposure to COVID-19. Minimizing this exposure is paramount.
“This bill also has constitutional infirmities as it attempts to take away executive authority during the 2020-2021 school year. Instead of unnecessary legislation, we need to focus on providing schools the tools and resources they need to be successful in educating our children and we need to help people impacted by the pandemic with legislation such as funding for small businesses and child care, and paid sick leave for employees.”