The Butler Area School Board voted at an emergency meeting Monday to attest under protest to the state that the school district will provide in-person instruction to some students, and voted to initiate a legal challenge to the state's attestation mandate.

Gov. Tom Wolf and the Department of Health announced last week that public schools in counties that have been in the substantial transmission level for at least two consecutive weeks are required to commit to safety measures to ensure the safety and well-being of students and educators.

By Nov. 30, districts must submit attestation forms stating they have either transitioned to fully remote learning or are complying with the orders if they are conducting any in-person instruction while the county is in the substantial range.

Schools that do not sign or comply with an attestation are required to provide only fully remote learning and suspend all extracurricular activities while the county remains in the substantial level.

As of Nov. 20, 59 counties — including Butler County — have been in the substantial level for at least two consecutive weeks.

The district has been using remote instruction since Nov. 3 except for some special education students who can't be taught remotely.

Following an hourlong executive session, the board voted 8-1 to authorize Superintendent Brian White and board President Al Vavro to sign the attestation form under protest.

Director Bill Halle cast the lone negative vote, saying the governor and secretary of health are acting outside of their authority by requiring districts to sign the form.

He said the board, not the governor or health secretary, has the constitutional authority to do what's best for students.

Halle also cast the lone dissenting vote to add the new state guidelines for operating schools that came with the attestation order to the district's phased school reopening health and safety plan.

Those guidelines suggest districts close individual schools for at least three days if two to four students and/or staff contract COVID-19.

White said allowing the district to close schools based on the number of COVID-19 cases in each school instead of the community infection rate is the best part of the attestation mandate.

As of now, the district wouldn't be able to open all of its schools due to COVID-19 cases among staff members, he said.

Director Mary Waggoner cast the lone dissenting vote to direct solicitor Tom King to legally challenge the attestation requirement.

King did not attend the meeting to explain how he will challenge the mandate.