Reply to No more masks at VA privates?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The elite privates will most certainly add language to their contracts that patents and students must abide by their rules regarding the health and welfare of those on school grounds. Any parent who is a Trumplican or QAnon type can leave the decent privates and go to one of the crap ones, or home school, or suck it up at their designated public. This is actual an awesome opportunity to get those loonies out of the good private schools. Good riddance to bad rubbish. [/quote]

If the EO is the law, the school MUST provide an opt out. Some people don’t seem to understand how the law works. Private schools are not above or independent of all laws. I’m not sure what people are missing about that concept. You can put that language in a contract and someone can claim they signed under duress or that it’s unenforceable because it’s not legal.

I think many privates (like ours) are in a panic not knowing what to do. This is a very good time to have an excellent in-house counsel. [/quote]

Wrong. It does not apply to private enterprises such a private schools. [/quote]

Except the mask mandate applied to all k-12 schools and that’s what he seems to undo.  The language of Youngkin’s EO very broad and he appears to be trying to prohibit any school, public or private, from requiring masks.

“A child whose parent has elected that he or she is not subject to a mask mandate should not be required to wear a mask under any policy implemented by a teacher, school, school district, the Department of Education, or any other state authority.”[/quote]

It’s ambiguous.  It depends on the meaning of “other” in “or any other state authority”.  If that phrase modifies all the nouns, then they all have to be state authorities (public teachers, public schools, public school districts etc).  If it only modifies Dept of Ed, then maybe it’s different.  2.5 days into Youngkin’s term, I am thoroughly unimpressed.[/quote]

And I’m thoroughly unimpressed with his legal counsel.  “Should not be required to wear a mask”.  Not “shall”.  I mean, my kids should eat Brussel sprouts, should floss twice a day. Should shovel the driveway.  But, none of those things happened today.

Big difference in legal drafting between should and shall.  Among other things, this EO is unenforceable because it doesn’t actually direct (“shall”) anything. It’s purely aspirational (should).  [/quote]

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