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Fairfax County Public Schools (FCPS)
Reply to "If the county isn't allowed to placed a mask mandate in the classroom"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Why is FCPS not following state orders? Let kids choose to wear or not wear mask. My kids will wear their masks. We don’t care if others wear their masks or not. Why does FCPS continue to defy the will of the people of Virginia?[/quote] I'd be interested how Younkin's orders fly in the face of the FEDERAL disability laws, which apply in schools. Health compromised kids have a right to be protected in public schools. They are not receiving full protection if others are allowed to parade through the halls unmasked, coughing and gagging on their peers. While that also holds true in "normal" times, I admit. A cold is not the same as a various that has mutated at least 3 times in 2 years and killed, over 3 quarters of a million AMericans. [/quote] This has been the basis for federal courts upholding mask mandates in FL, TX, TN, etc. So Youngkin’s EO violates state and federal law. I’m bringing to think he has crappy legal counsel and a weak grasp on government 101. [/quote] 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.[/quote] That all though is, of course, secondary to the VA issue which is focusing on[b] pre-existing VA law vs. VA executive order[/b], not the disability issues which are--as you note--still mixed/in progress.[/quote] Can you please explain the conflict here?[/quote]
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