Youngkin Mask Order Challenged By 7 Virginia School Districts

VIRGINIA — On Monday, seven school boards announced a lawsuit to challenge the executive order on optional masking in schools issued by Gov. Glenn Youngkin.

The lawsuit is sought by the School Boards in the City of Alexandria, Arlington County, City of Richmond, Fairfax County, City of Falls Church, City of Hampton and Prince William County. The school boards are challenging the constitutionality of the executive order, or whether school boards have the authority to enact local policies. The school districts collectively represent around 350,000 students in Virginia, led by Fairfax County Public Schools with over 178,000 students.

The lawsuit will answer if Article VIII, § 7 of the Constitution of Virginia gives school boards sole authority over supervising schools in their communities or whether an executive order can override that authority. It will also determine if the executive order can reverse Virginia General Assembly legislation, which requires in-person instruction while schools follow CDC's COVID-19 mitigation strategies. According to the Washington Post, the lawsuit was filed in Arlington Circuit Court.

"With COVID-19 transmission rates high, our hospitals at crisis level, and the continued recommendation of health experts to retain universal mask wearing for the time being, this is simply not the time to remove this critical component of layered health and safety mitigation strategies," the schools districts said in a statement. "School divisions need to continue to preserve their authority to protect and serve all our students, including our most vulnerable, who need these mitigation measures perhaps more than anyone to be able to continue to access in-person instruction."

The last time schools were given a state order on masks was in 2021. Former Gov. Ralph Northam had issued a public health order with Virginia Health Commissioner Norman Oliver requiring universal masking in K-12 schools. The order aligned with the Virginia General Assembly legislation requiring in-person instruction with CDC-recommended mitigation measures.

Youngkin's executive order takes effect Monday. The executive order states parents have the choice on whether their child should wear a mask at school, regardless of any school or state mandates. Numerous school districts had announced their intent to keep their mask mandates when Youngkin announced the executive order on Jan. 15, his first day in office.

Youngkin already faces a challenge in Virginia Supreme Court on the mask-optional order from a parent group in Chesapeake. The governor appeared to ask families to follow school leaders' direction while the Virginia Supreme Court makes a decision.

"I am confident that the Virginia Supreme Court will rule in the favor of parents, reaffirming the parental rights clearly laid out in the Virginia code § 1-240.1," said Youngkin in a statement last week. "In the meantime, I urge all parents to listen to their principal, and trust the legal process."

At the same time, Youngkin announced interim COVID-19 guidance for K-12 schools from the Virginia Department of Health and Virginia Department of Education. The guidelines address COVID-19 mitigation measures, COVID-19 notifications from schools, use of screening testing and test-to-stay, and guidance for parents on when children should return to school after isolation or exposure.

This article originally appeared on the Kingstowne-Rose Hill Patch