Newly elected Virginia state Gov. Glenn Youngkin is facing stiff pushback from seven school boards, which have sued the governor in an effort to block his executive order that makes masks optional for children in classrooms. Youngkin is standing his ground.
The dispute has been remarked upon by pro-masking California Gov. Gavin Newsom, who voiced his support for the school boards. Youngkin is instead backing parents and their right to decide for themselves if their children should be masked at school.
"Virginia school boards sue to keep students safe and healthy with scientifically proven policies," Newsom wrote, amending a headline from The Hill on the controversy.
*Virginia school boards sue to keep students safe and healthy with scientifically proven policies. https://t.co/6OzmzsqAoR
— Gavin Newsom (@GavinNewsom) January 25, 2022
Led by Fairfax County Public Schools, the plaintiffs are requesting an immediate injunction on the executive order, which requires schools to provide Virginia parents with the right to choose whether their children should wear a mask in classrooms.
The school boards include Alexandria, Arlington County, Richmond, Fairfax County, Falls Church, Hampton, and Prince William County.
The school boards argue that the order violates a section of the state constitution, which says “The supervision of schools in each school division shall be vested in a school board.”
The plaintiffs also contend that the order is in breach of a public health emergency order issued in August by former Democrat Governor Ralph Northam that required universal masking in all Virginia K-12 schools. This was after a July CDC update on the matter. Youngkin stated his opposition to this order at the time.
That order also followed up a law passed by the General Assembly in March, which said that schools in the state must abide by federal health recommendations to the “maximum extent practicable.”
Under CDC recommendations, students in grades K-12 are recommended to wear masks. Staff, teachers, and visitors, are also recommended to wear masks regardless of vaccination status.
The plaintiffs argue that the legal action against the Republican governor “centers on fundamental questions about the framework of public education in Virginia, as set out in the Virginia Constitution and by the General Assembly.”
“Without today’s action, school boards are placed in a legally untenable position — faced with an executive order that is in conflict with the constitution and state law. Today’s action is not politically motivated,” the school boards added.
Speaking to The Hill, Youngkin spokesperson said that the governor’s office is “disappointed that these school boards are acting counter to parent’s rights.”
“The governor and attorney general are in coordination and are committed to aggressively defending parents' fundamental right to make decisions with regard to their child’s upbringing, education and care, as the legal process plays out,” said the spokesperson.
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