Parents Coalition Urges VA Lawmakers To Let School Boards Decide Mask Policies

VIRGINIA — A coalition of Virginia parents is calling on state lawmakers to reject attempts to take away the authority of school boards to set student mask policies as a bill moves through the General Assembly that would allow students to opt out of wearing masks.

The coalition, Virginia Parents for Safe & Equitable Public Schools, said Wednesday that the state government should not restrict school districts from responding to health crises. Elected school boards, not the state government, should be able to set their own parameters for how to provide in-person instruction, the coalition said.

"Our politicians are ignoring the CDC and the overwhelming evidence of the benefits of masks and other safety mitigations, and are preventing the use of public health measures at a local level to keep schools open — without a heavy burden of sickness, lost work and lost learning days, and potential long-term consequences for the health and well-being of students and staff," the coalition said in a statement.

The coalition called on the General Assembly to remove the Senate floor amendment introduced by Sen. Chap Petersen (D-Fairfax) to SB 739 that prevents school divisions from enacting universal masking requirements depending on local transmission rates.

On Wednesday, the Senate gave final approval to the bill, which was introduced by Sen. Siobhan Dunnavant (R-Henrico) to require in-person instruction aside from 10 unscheduled virtual learning days.

Petersen's amendment to SB 739 states the parent of any child in a public school or public school early childhood education program can choose for their child to not wear a mask at school. The amendment also states students should not face disciplinary or academic consequences due to the mask choice.

If passed, the law will go into effect July 1.

SEE ALSO: School Mask Opt-Out Amendment Supported In Virginia Senate

On Tuesday, the amendment was approved 29-9 in the Senate, where Democrats hold a 21-19 majority. In the final vote on Wednesday, though, the bill was approved in a 21-17 vote. The bill now moves to the Republican-controlled House of Delegates, where it is expected to pass later this week or early next week.

If approved, the legislation would supersede Dunnavant’s bill that passed last year mandating school boards to offer five days of in-person learning and follow guidelines from the Centers for Disease Control and Prevention "to the maximum extent practicable."

If the bill gets to Virginia Gov. Glenn Youngkin’s desk, he could add an emergency clause that would require the law to be implemented immediately. The emergency clause would have to go back to the General Assembly for approval, where it would require only a simple majority vote, The Washington Post reported.

Along with Petersen, Democrats who voted Tuesday to support the mask opt-out amendment were Sens. John Bell (Loudoun), John Edwards (Roanoke), Ghazala Hashmi (Powhatan), Janet Howell (Arlington/Fairfax), Lynwood Lewis (Eastern Shore), Joseph Morrissey (Chesterfield/Richmond), Richard Saslaw (Alexandria/Falls Church), Lionell Spruill Sr. (Chesapeake/Norfolk), and Scott Surovell (Fairfax/Prince William).

In the final vote on Wednesday, Petersen, Lewis and Morrissey were the only Democrats to join 18 Senate Republicans in favor of the bill. Two senators, one Democrat and one Republican, did not vote on the final bill.

“Kids across the Commonwealth win with this bipartisan vote today. Parents are now empowered to decide whether their children should wear a mask in schools," Youngkin said in a statement after the final vote Wednesday. "This vote also shows that school boards who are attacking their own students are stunningly detached from reality.”

Earlier Wednesday, Virginia Parents for Safe & Equitable Public Schools called on state lawmakers to add public health protections back into the bill, including the ability to have measures such as universal masking "that protect our most vulnerable students and staff."

The legislation should also require schools to follow Centers for Disease Control and Prevention guidance to the maximum extent practicable and allow schools to temporarily shift to virtual instruction when COVID-19 cases are at a high level, according to the coalition.

Members of the coalition include Smart Restart APS, Chesapeake Advocates for Responsible Return to School, Chesapeake City Chesterfield for Communication & Equity in Schools, Chesterfield NAACP Education Committee, Fairfax Smart Restart, Loudoun4All, Stand and Advocate for Equity and YCSD Safe.

“I’ve just consistently voted to let the school boards make this decision,” Sen. Monty Mason, a Democrat from Williamsburg who voted against the amendment, told The Washington Post. “Individual areas and school boards may have data and analytical information that others don’t. ... I think constitutionally the school boards make those decisions.”

As a measure to prevent the transmission of COVID-19, universal masking is "an especially critical safety measure in schools" and is recommended by the CDC, the American Academy of Pediatrics, the US Department of Education, the National Association of School Nurses, the American Speech-Language Hearing Association, and local health directors across the state, the coalition said.