Herndon Democrat Voted Against Bill To Make Masks Optional For Virginia School Students

RICHMOND, VA — State Sen. Jennifer Boysko (D-Herndon) responded via Twitter Thursday to angry voters about the passage of a bill in the Virginia Senate that would allow students to opt out of wearing masks in school.

On Wednesday, the Senate gave final approval to the SB 739, which was introduced by Sen. Siobhan Dunnavant (R-Henrico) to require in-person instruction aside from 10 unscheduled virtual learning days.

The bill includes an amendment introduced by Sen. Chap Petersen (D-Fairfax) that prevents school divisions from enacting universal masking requirements depending on local transmission rates. The bill advances to the Republican-controlled House of Delegates, which is expected to pass it.

Boysko, who voted against both the bill and Petersen's amendment, said in a letter posted to her Twitter account that she had spent hours on the phone speaking to angry parents and school board members.

"I am frustrated because we are taking those local decisions out of the hands of our elected school board members," she said, in the letter. "They are in the process of developing thoughtful, evidence-based off-ramp protocols regarding the wearing of masks in our schools. This bill takes that away from them and puts it in the hands of politicians."

Boysko pointed out that there were still new cases of COVID-19 being reported and hospitals across the state are reaching critical capacity levels.

There were 302 new cases of COVID-19 reported in the Fairfax health district on Friday and posted a seven-day average rate of -0.5 for hospitalizations, according to Virginia Department of Health data.

"We know that there are unvaccinated people, either by choice or because they are too young, and people with compromised immune systems, who are at risk of death or serious long-term illness from COVID."

Boysko added that she would continue wearing a mask daily in the Senate and encouraged children in schools to make the same decision.

On Thursday, Fairfax County Public Schools announced a roll-back plan based on community COVID-19 transmission data and health expert recommendations. Once Fairfax County reaches moderate transmission, FCPS will make masks optional. The mask mandate remains in place during high and substantial transmission levels.

"Because our plan is based on scientific data, we believe this plan gives us a roadmap to move forward safely," the school district shared in a message to families. "We must continue to respect and serve all our students, including our most vulnerable."

FCPS plans to continue offering screening testing during moderate, substantial and high community transmission levels but not during low transmission. When transmission reaches a moderate level, screening testing will move to a "dynamic plan."

Board of Supervisor Chairman Jeff McKay said in a letter to Fairfax County residents that he was "deeply disappointed in the action" by the Virginia Senate. The chairman believes the legislation overturns local authority to implement a mask mandate in schools. McKay believes the FCPS mitigation strategies have kept school transmission of COVID-19 low and prevented any schools from closing.

FCPS and six other school districts have been pursuing a lawsuit in response to Youngkin's mask-optional executive order for schools. Arlington judge Louise DiMatteo issued a temporary injunction on the executive order, allowing the school districts to continue their mask mandates. There has not yet been a final ruling in the case.

Patch editors Mark Hand and Emily Leayman contributed to the reporting of this story.