Reply to How will schools with mask mandates handle maskless kids starting next week (1/24)?

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Reply to "How will schools with mask mandates handle maskless kids starting next week (1/24)?"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Well, legally, it seems like the governor has a right to ban mask mandates (even if I disagree), if the previous one had a legal right to mandate them. So I don’t know that schools have the legal authority to enforce the mandates anymore. It may play out in the courts. In the meantime, I could see schools disciplining massless kids, but I’m not sure they’ll go as extreme as sending them home. I guess we’ll see. [/quote]

Northam's mask mandate was legal, in part because it came during a time of a public health emergency so governmental powers are somewhat expanded. Youngkin made sure to proclaim that we are no longer in that public health emergency, so he is not afforded those expanded powers. The EO is outside his legal authority on a number of grounds. Even Republicans admit so.[/quote]

If the mask mandate came during an emergency, and that emergency does not exist anymore, how legal is continuing the mask mandate? Hmmmmmm[/quote]
When Northam signed his EO there was no contra statute like there is now.  Big difference.[/quote]

Yup.

"For the purposes of this act, each school board shall (i) adopt, implement, and, when appropriate, update specific parameters for the provision of in-person instruction and (ii) provide such 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."  https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1303ER

The CDC still recommends masks as one of many mitigation strategies.

Youngkin says we're not in a public health emergency so he doesn't have the expanded powers Northam had.  TBH I'm not sure if the expanded powers would enable him to contradict VA law.  [/quote]

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