Gov. Glenn Youngkin’s executive order for optional masking for k-12 school set to effect today, no action yet from court

Republican Governor of Virginia Glenn Youngkin’s executive order seeking to give parents a choice about masking their K-12 students is set to take effect Monday, Jan. 24, and shall remain in full force and effect until amended or rescinded by further executive order.

With Youngkin’s order that is set into effect at 12:00 a.m., Monday, and no action yet from the court following a lawsuit filed earlier in the week, confusion continued to spin in the VA school boards and within the parents.

However, local school administrations are left with questions about how and if they can implement it. Meantime, people on both sides of the issue are letting their voices be heard.

School districts across the state have offered a range of responses to Youngkin’s order, with some planning to comply but many others in some of the state’s most populous areas saying their mandates should remain in place.

Superintendent @peternoonan of @FCCPS just said at board meeting that kids showing up unmasked on Monday (when @GovernorVA EO allowing opt out takes effect) will be sent home. Please RT so media can cover administrators standing in schoolhouse door turning away 100s of kids.
— Ilya Shapiro (@ishapiro) January 21, 2022

A filing late Thursday from the office of Attorney General Jason Miyares cited a state law that says parents have a “fundamental right to make decisions concerning the upbringing, education, and care” of their children. Miyares also argued that Youngkin’s order falls well within the broad authority given to the governor to address the challenges of the COVID-19 pandemic.

I've asked the Supreme Court of Virginia to dismiss the lawsuit against Governor Youngkin and Executive Order two, which restores authority to parents to make the best decision for their children.

With our filing, we again affirm that parents matter. pic.twitter.com/6F3E0TBjmA
— Jason Miyares (@JasonMiyaresVA) January 21, 2022

Youngkin’s executive order:

The State Health Commissioner shall terminate Order of Public Health Emergency Order Ten (2021).
The parents of any child enrolled in a elementary or secondary school or a school based early childcare and educational program may elect for their children not to be subject to any mask mandate in effect at the child’s school or educational program.
No parent electing that a mask mandate should not apply to his or her child shall be required to provide a reason or make any certification concerning their child’s health or education.
A child whose parent has elected that he or she is not subject to a mask mandate should not be required to wear a mask under any policy implemented by a teacher, school, school district, the Department of Education, or any other state authority.
The Superintendent of Public Instruction shall rescind the Interim Guidance for COVID-19 Prevention in Virginia PreK-12 Schools, issued January 14, 2021, and updated October 14, 2021, and issue new guidance for COVID-19 Prevention consistent with this Order.
School districts should marshal any resources available to improve inspection, testing, maintenance, repair, replacement and upgrades of equipment to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification, fans, control systems and window and door repair.

Effective Date of this Executive Order This Executive Order shall be effective 12:00 a.m., Monday, January 24, 2022, and shall remain in full force and effect until amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 15th day of January 2022.

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