Several districts filed a lawsuit seeking to block the implementation of Virginia Gov. Glenn Youngkin’s executive order allowing parents to opt their children out of school mask mandates as it took effect on Monday.
The lawsuit from seven school districts is not the first challenging the order, the legality of which will be evaluated this week by the state supreme court, following a petition from state Attorney General Jason Miyares seeking to uphold it.
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The seven school districts, including the population centers of Arlington, Alexandria, Fairfax, and Prince William, filed the lawsuit against Youngkin on Monday, seeking to enjoin the order which they said puts school boards “in a legally untenable position,” the Washington Post reported.
“Today’s action is not politically motivated … the lawsuit is not brought out of choice but out of necessity,” the districts said.
The order only permits parents to opt out of any mask mandates imposed by Virginia schools. Schools are still permitted to push for universal masking among students, and Youngkin has said students and parents should still comply with mandates while litigation is pending.
Virginia parents, according to the Attorney General, the Virginia Supreme Court will be taking up the school mask debate this week. Our Governor has asked for patience. #everforward #Virginia
— Winsome Earle-Sears (@WinsomeSears) January 23, 2022
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
In Fairfax County, Superintendent Scott Brabrand told the school district’s principals on Friday that Fairfax public schools would continue to enforce a mask mandate and noncompliant students would face immediate suspension.
The superintendent’s directive was quickly derided by Asra Nomani of the parent activist group Parents Defending Education, who said Brabrand was “turning school staff into the mask police and punishing children to win a public opinion battle in Virginia that was decided at the ballot box.”
“Parents elected Gov. Glenn Youngkin to office to win back parental rights over issues from what is taught in schools to whether a child wears a mask at school,” Nomani said. “Mr. Brabrand, who is on his way out as superintendent, is setting up a showdown with Gov. Youngkin — and parents.”
While most school districts in the heavier populated areas of Virginia, including Arlington, Richmond, and Prince William, have announced mask mandates will continue, other school districts in more rural parts of the state, including Fauquier, Warren, and Shenandoah counties, have moved to make mask wearing optional to comply with the governor’s order.
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Youngkin, who took office earlier this month, won his campaign for the state executive last year on a platform that promised to restore parent control of education and end all coronavirus-related mandates.
The executive order on school masking was one of the first orders the new governor signed when he took office.