Reply to Will your DC wear mask to school when Youngkin lifts school mask mandate next week?

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Reply to "Will your DC wear mask to school when Youngkin lifts school mask mandate next week?"

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[quote=Anonymous]There are at least two issues that I see here that may come about after Youngkin issues an executive order rescinding the current statewide mask mandate in all pre-K-12 public and private schools that is coupled with a specific mandate that school districts must provide parents with an opt-out if they keep a local mandate in place:

(1) It is clear that school boards have the authority to continue to keep district-wide mask mandates in place but there is a question of whether they must provide an opt-out for parents. Seems like this could be challenged as a violation of the Americans with Disabilities Act and the Equal Protection and Due Process clauses of the the US Constitution.

(2) Whether a school board that eliminates the mask mandate for a school district is in violation of SB 1303 (as Northman's office claims) because it would not be providing "in-person instruction in a manner in which it adheres, to the maximum extent practicable, to any currently applicable mitigation strategies for early childhood care and education programs and elementary and secondary schools to reduce the transmission of COVID-19 that have been provided by the federal Centers for Disease Control and Prevention." Seems like this provides the grounds for a lawsuit. Maybe also grounds for a violation of the Commerce Clause in that school districts took federal CARES/ESSER monies to mitigate effects of Covid and are accountable for that (although pretty much anything that was helpful to a school district seems to be okay).

There might be some other issues that arise as well.[/quote]

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