Mask Opt-Out In VA Schools Legislation Headed To Governor

RICHMOND, VA — Legislation with a mask opt-out for students in public schools passed the Virginia House of Delegates Monday and is headed to Gov. Glenn Youngkin.

SB 739 from Sen. Siobhan Dunnavant (R-Henrico), which requires in-person instruction aside from 10 unscheduled virtual days, includes an amendment for students to opt out of wearing a mask at school. That amendment, proposed by Sen. Chap Petersen (D-Fairfax), was accepted by the Senate with a 29-9 vote. The Senate's final vote on the bill was 21-17.

On Monday, the House passed the legislation 52-48. An amendment from Del. Sam Rasoul (D-Roanoke) to remove Petersen's mask opt-out amendment failed 48-52. Another amendment from Del. Marcus Simon (D-Falls Church) to let the legislation expire after July 1, 2023 without General Assembly action also failed 48-52.

The legislation now heads to Youngkin with an action deadline of Feb. 21. Youngkin previously indicated support for Petersen's amendment and said he would sign the bill.

However, an emergency clause to allow the legislation to take effect sooner is possible. Petersen said at a town hall Saturday that Youngkin will likely add an emergency clause for the bill to take effect March 1. The emergency clause would return to the General Assembly for approval, where it would require only a simple majority vote. Without the emergency clause, the legislation would take effect July 1.

This story includes reporting from Patch editor Mark Hand.

SEE ALSO: Optional Masking At VA Schools Likely By March 1: Sen. Petersen