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TOPEKA, Kan. — Without going so far as to declare the bill constitutional, the Kansas Supreme Court reversed a decision against Senate Bill 40, a law addressing Covid-19 mitigation measures that gave school district boards of education authority to adopt policies — including mask mandates — during emergencies like the Covid-19 pandemic. The ruling notes that the doctrine of constitutional avoidance “strongly counsels against a court deciding a case on a constitutional question if the case can be resolved in some other fashion.”
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