ACPS, APS, et al sue over EO

[Anonymous]

Anonymous wrote:

Anonymous wrote:At issue is whether governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

I'm thinking no, he cannot do that.

ACPS press release here, but no link to the Complaint yet, unfortunately: https://www.acps.k12.va.us/site/default.aspx?PageType=3&DomainID=1527&ModuleInstanceID=11396&ViewID=6446EE88-D30C-497E-9316-3F8874B3E108&RenderLoc=0&FlexDataID=15513&PageID=3707

I suspect there will be parent choice by Valentines Day no matter what happens with the EO. If the schools succeed, the legislature will take action, and they may do so in any event.. Look at who passed SB 1303, which will be the same folks that change it to create the "off ramp". https://www.dunnavantdelivers.com/post/press-release-statement-of-senator-dunnavant-on-sb1303?fbclid=IwAR3O9FICEtrmIrpp475K4WoIOYenKoYrAcROjrwR4q39-_ywF1rqLnnwzGc

Good. Better late than never. Mind boggling people think THEY should tell MY kid what to do or wear. LMAO

[Anonymous]

Anonymous wrote:

Miyares has filed a motion to dismiss the parents’ lawsuit on the grounds that the parents failed to allege adequate particularized injuries to them resulting from the EO.

Um, except their kids potentially getting COVID if other students refuse to wear masks?

Exactly how do u prove the covid they caught is because maskless kid in class and not maskless kid on the court/field/sleepover? No further questions your honor.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So Northam's EO directing a mask mandate is fine? But Youngkin's EO directing a repeal of the mask mandate is not? One governor overstepped in forcing local school boards to submit to the EO? But the other governor did not overstep his authority?

The former was under a declared health emergency and didn’t conflict with SB 1303.

But the lawsuit is based on the governor pushing his will on local school boards. It is not based on state lockouts and 1303.

I'm glad the SBs are protective of their authority. This time it's about masks and you can agree or disagree with that issue, but who knows what it will be the next time, whether from a R or D governor.

But the southern VA school boards didn't get to be protective of their authority when Northam issued a statewide mask mandate.

[Anonymous]

^^^ Or if the southern districts didn't want to teach CRT.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So Northam's EO directing a mask mandate is fine? But Youngkin's EO directing a repeal of the mask mandate is not? One governor overstepped in forcing local school boards to submit to the EO? But the other governor did not overstep his authority?

The former was under a declared health emergency and didn’t conflict with SB 1303.

But the lawsuit is based on the governor pushing his will on local school boards. It is not based on state lockouts and 1303.

I'm glad the SBs are protective of their authority. This time it's about masks and you can agree or disagree with that issue, but who knows what it will be the next time, whether from a R or D governor.

But the southern VA school boards didn't get to be protective of their authority when Northam issued a statewide mask mandate.

Northam’s order was issued during a time of a public health emergency, which greatly expands governmental authority. Youngkin is only operating in “regular times” and doesn’t have that same authority.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So Northam's EO directing a mask mandate is fine? But Youngkin's EO directing a repeal of the mask mandate is not? One governor overstepped in forcing local school boards to submit to the EO? But the other governor did not overstep his authority?

The former was under a declared health emergency and didn’t conflict with SB 1303.

But the lawsuit is based on the governor pushing his will on local school boards. It is not based on state lockouts and 1303.

I'm glad the SBs are protective of their authority. This time it's about masks and you can agree or disagree with that issue, but who knows what it will be the next time, whether from a R or D governor.

But the southern VA school boards didn't get to be protective of their authority when Northam issued a statewide mask mandate.

Northam’s order was issued during a time of a public health emergency, which greatly expands governmental authority. Youngkin is only operating in “regular times” and doesn’t have that same authority.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Miyares has filed a motion to dismiss the parents’ lawsuit on the grounds that the parents failed to allege adequate particularized injuries to them resulting from the EO.

Um, except their kids potentially getting COVID if other students refuse to wear masks?

Exactly how do u prove the covid they caught is because maskless kid in class and not maskless kid on the court/field/sleepover? No further questions your honor.

Also, since when was there a right to send your kid to school and have them not be exposed to illness. There will always be illnesses including COVID, but also flu, RSV, stomach viruses, etc. that can cause risk to others. The expectation that 2 years into this virus that now has vaccines and virtual school available (plus masks that protect the wearer) that potential exposure to illness is a “harm” is laughable. I went to HS with a kid who caught meningitis that went around a few classmates and he died. It was incredibly sad. But schools are not and never will be sterile bubbles.

Put your kid in an N95 or virtual school if you’re that worried.

[Anonymous]

Anonymous wrote:^^^ Or if the southern districts didn't want to teach CRT.

The constitutional authority that school boards have is over the supervision of schools, not necessarily curriculum. Notice how they aren’t suing over the CRT EO?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:At issue is whether governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

I'm thinking no, he cannot do that.

ACPS press release here, but no link to the Complaint yet, unfortunately: https://www.acps.k12.va.us/site/default.aspx?PageType=3&DomainID=1527&ModuleInstanceID=11396&ViewID=6446EE88-D30C-497E-9316-3F8874B3E108&RenderLoc=0&FlexDataID=15513&PageID=3707

I suspect there will be parent choice by Valentines Day no matter what happens with the EO. If the schools succeed, the legislature will take action, and they may do so in any event.. Look at who passed SB 1303, which will be the same folks that change it to create the "off ramp". https://www.dunnavantdelivers.com/post/press-release-statement-of-senator-dunnavant-on-sb1303?fbclid=IwAR3O9FICEtrmIrpp475K4WoIOYenKoYrAcROjrwR4q39-_ywF1rqLnnwzGc

Good. Better late than never. Mind boggling people think THEY should tell MY kid what to do or wear. LMAO

I mean, schools do have dress codes. Your kid can't show up to school in his/her underwear.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Miyares has filed a motion to dismiss the parents’ lawsuit on the grounds that the parents failed to allege adequate particularized injuries to them resulting from the EO.

Um, except their kids potentially getting COVID if other students refuse to wear masks?

Exactly how do u prove the covid they caught is because maskless kid in class and not maskless kid on the court/field/sleepover? No further questions your honor.

Also, since when was there a right to send your kid to school and have them not be exposed to illness. There will always be illnesses including COVID, but also flu, RSV, stomach viruses, etc. that can cause risk to others. The expectation that 2 years into this virus that now has vaccines and virtual school available (plus masks that protect the wearer) that potential exposure to illness is a “harm” is laughable. I went to HS with a kid who caught meningitis that went around a few classmates and he died. It was incredibly sad. But schools are not and never will be sterile bubbles.

Put your kid in an N95 or virtual school if you’re that worried.

It’s not really a parents’ rights issue at all. That’s the incorrect framing Youngkin has used. The legal question is really whether the governor has authority to make these decisions for local school districts and order something that violates state legislation. As has been repeatedly stated, Northam had authority to order masks in schools pursuant to public health measures during a state of emergency. Without such an emergency in place, Youngkin is engaged in state government overreach.

[Anonymous]

Miyares has filed a motion to dismiss the parents’ lawsuit on the grounds that the parents failed to allege adequate particularized injuries to them resulting from the EO.


Um, except their kids potentially getting COVID if other students refuse to wear masks?


Exactly how do u prove the covid they caught is because maskless kid in class and not maskless kid on the court/field/sleepover? No further questions your honor.

Whelp, personally, my kid is disabled, so he is not on sports fields or courts, nor has he ever been invited to a sleepover (and probably could not attend even if he were). So it would definitely be school for him.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So Northam's EO directing a mask mandate is fine? But Youngkin's EO directing a repeal of the mask mandate is not? One governor overstepped in forcing local school boards to submit to the EO? But the other governor did not overstep his authority?

The former was under a declared health emergency and didn’t conflict with SB 1303.

But the lawsuit is based on the governor pushing his will on local school boards. It is not based on state lockouts and 1303.

I'm glad the SBs are protective of their authority. This time it's about masks and you can agree or disagree with that issue, but who knows what it will be the next time, whether from a R or D governor.

But the southern VA school boards didn't get to be protective of their authority when Northam issued a statewide mask mandate.

Northam’s order was issued during a time of a public health emergency, which greatly expands governmental authority. Youngkin is only operating in “regular times” and doesn’t have that same authority.

Oh, right now is "regular times" not "during a time of a public health emergency"? Interesting. Then why do we need a mask mandate if there is no current public health emergency?

[Anonymous]

Anonymous wrote:

Miyares has filed a motion to dismiss the parents’ lawsuit on the grounds that the parents failed to allege adequate particularized injuries to them resulting from the EO.


Um, except their kids potentially getting COVID if other students refuse to wear masks?


Exactly how do u prove the covid they caught is because maskless kid in class and not maskless kid on the court/field/sleepover? No further questions your honor.

Whelp, personally, my kid is disabled, so he is not on sports fields or courts, nor has he ever been invited to a sleepover (and probably could not attend even if he were). So it would definitely be school for him.

Is it possible that he could catch Covid from his parents? I assume that they are going out in society (work, Walmart. grocery stores... where they pass by people not wearing masks). Unless the parents are locked down in the house as well, then there is no way to prove that he got it from school.

[Anonymous]

So can we sue schools that go against CDC guidance and go mask optional during a surge?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So Northam's EO directing a mask mandate is fine? But Youngkin's EO directing a repeal of the mask mandate is not? One governor overstepped in forcing local school boards to submit to the EO? But the other governor did not overstep his authority?

The former was under a declared health emergency and didn’t conflict with SB 1303.

But the lawsuit is based on the governor pushing his will on local school boards. It is not based on state lockouts and 1303.

I'm glad the SBs are protective of their authority. This time it's about masks and you can agree or disagree with that issue, but who knows what it will be the next time, whether from a R or D governor.

But the southern VA school boards didn't get to be protective of their authority when Northam issued a statewide mask mandate.

Northam’s order was issued during a time of a public health emergency, which greatly expands governmental authority. Youngkin is only operating in “regular times” and doesn’t have that same authority.

Oh, right now is "regular times" not "during a time of a public health emergency"? Interesting. Then why do we need a mask mandate if there is no current public health emergency?

Because those are the CDC guidelines and the state of Virginia essentially passed a law enshrining those and requiring school districts to follow them. Youngkin terminated the state of emergency, which may have actually given him less government powers to do the things he’s now trying to do related to schools. Personally, I don’t think he should have rescinded public Health Emergency Order Ten given where the state is with transmissions, hospitalizations, etc. clearly the metrics support continued masking.