Really well-stated. Thank you |
A quick fact check: 1. The Florida school districts that challenged the state's Executive Order banning school mask mandates lost in court: https://thehill.com/policy/healthcare/580363-judge-tosses-florida-school-districts-lawsuit-over-mask-mandate-ban 2. There were also a series of parent lawsuits (based on disability-related claims) against the Florida Executive Order. Those were dismissed as well (but have been refiled and are still pending). 3. In Texas, a federal district could ruled that the state's ban on school mask mandates violated the ADA, IDEA, and ARPA, but the Fifth Circuit stayed that decision pending appeal. The Fifth Circuit's stay order indicated that the district court's ruling was "likely erroneous." The mask mandate ban therefore remains in effect: https://storage.courtlistener.com/recap/gov.uscourts.txwd.1144109/gov.uscourts.txwd.1144109.94.0.pdf 4. In Tennessee, the state's ban on mask mandates has been enjoined (and therefore cannot be enforced): https://apnews.com/article/coronavirus-pandemic-health-education-covid-19-pandemic-tennessee-b53b09cf77976238566115d271a928bf In other words, the court decisions are mixed on these issues. |
That all though is, of course, secondary to the VA issue which is focusing on pre-existing VA law vs. VA executive order, not the disability issues which are--as you note--still mixed/in progress. |
Um, this parent can just face legal consequences , like the people who claimed racial justice concerns were why they burned down buildings and looted Target in the summertime of 2020 SHOULD all have. I am for justice, and I know I can be that without smashing in the local eyeglass store. |
Waiting for them to burn out police stations, kill people protecting small businesses from theft or smash windows and loot the Target. |
How does the executive order conflict with VA law? |
Deflection noted. Can we stay on topic about masking in schools? |
Can you please explain the conflict here? |
get a grip. at least keep your comments to schools. no one is talking about burning police stations or looting target... except you. |
Even better deflection..look at what THIS hand is doing.....ignore the other. |
It’s up for debate. Competing with the executive order is Senate Bill 1303, which is on the books as Virginia law. That law requires school boards to offer in-person instruction to students and follow CDC recommendations to the maximum extent practicable, which includes wearing masks. https://www.13newsnow.com/amp/article/news/health/coronavirus/attorney-on-youngkin-school-mask-order-virginia/291-e162fefc-d223-4eee-9950-722d92a7b1b6 |
I get the context, but can anyone point to where a CDC order REQUIRES masks in school? Everything I've seen is that the CDC RECOMMENDS masks in schools, so how would there be any conflict between the VA law and the EO is the schools RECOMMEND masks, but leave it up to parents decisions? Am I missing something? |
The view is that state law requires districts to follow those recommendations to the greatest extent practicable. So if it is a recommendation (ex masking) they are supposed to follow it. |
The CDC as an organization makes recommendation, and requires very little; but masks are listed as a mitigation strategy so per SB1303 “maximum extend possible” it still stands. |
It’s not your decision, it’s FCPS. If you want to remove the mandate, contact the SB, the superintendent…or sue. Your sole choices are limited to public education, private education, or homeschool. If you CHOOSE public, then you follow their rules. |