PP here. I think another issue that school boards and school districts contemplate is the likelihood that teachers and students sue for negligence because they allowed an opt-out but did not do more to mitigate spread to vulnerable students (i.e., not seat them near students not wearing masks and give them a personal air purifier). Maybe the suit is thrown out at summary judgement because it is hard to prove causation but nonetheless, this would probably need to be vetted by legal in the Nova districts.

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.

Anonymous wrote:

Anonymous wrote:You put your student into a classroom with 27 other students, two of whom are wearing masks. The teacher isn't wearing a mask.

What are the chances your student keeps the mask on?

Never underestimate the power of peer pressure. Other students don't have to say anything, either. Students want to fit in to the scene and not look awkward. A tale as old as time.

100 percent agree, the teachers can decide what grade you get, not one student would be that dumb to take off their mask and risk a lower grade.

and even more importantly, risk loosing friends.

Anonymous wrote:You put your student into a classroom with 27 other students, two of whom are wearing masks. The teacher isn't wearing a mask.

What are the chances your student keeps the mask on?

Never underestimate the power of peer pressure. Other students don't have to say anything, either. Students want to fit in to the scene and not look awkward. A tale as old as time.

100 percent agree, the teachers can decide what grade you get, not one student would be that dumb to take off their mask and risk a lower grade.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How will schools that keep mask mandates in place handle students who opt out with the backing of Youngkin and the VA government?

Youngkin said:

“School districts will be able to keep mask recommendations in place, but parents can choose not to follow them…
The way that Virginia works is that the governor cannot ban mask mandates. Schools make those decisions,” he said. “We will in fact, then, also make sure that schools allow parents to exercise their rights for what’s best for their children, to opt-out of those mandates."

There is no rule saying an opt out must be provided. He’s just blowing smoke at dumb parents who don’t know any better.

Are you saying the Youngkin and Miyares do not have the authority to make schools offer an opt out?

He does not.

I believe he can sign an executive order.

No, Virginia law forbids banning masks. Youngkin himself said he can’t do it.

He isnt banning you from wearing a mask, he will sign an executive offer legally allowing an opt out--so I can opt out of a mask(I am not saying I will-especially at this time, but theoretically I will have the option), but I cant ban you from wearing one--how is this not clear.

With that being said NO one will go maskless to school in NOVA due to peer and social pressure-at least not until April. So not sure this is an issue anyway.

You put your student into a classroom with 27 other students, two of whom are wearing masks. The teacher isn't wearing a mask.

What are the chances your student keeps the mask on?

Never underestimate the power of peer pressure. Other students don't have to say anything, either. Students want to fit in to the scene and not look awkward. A tale as old as time.

Anonymous wrote:So what is the point of this thread?

There is a lot of gray area between a ban and a mandate. That is what we are discussing.

So what is the point of this thread?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How will schools that keep mask mandates in place handle students who opt out with the backing of Youngkin and the VA government?

Youngkin said:

“School districts will be able to keep mask recommendations in place, but parents can choose not to follow them…
The way that Virginia works is that the governor cannot ban mask mandates. Schools make those decisions,” he said. “We will in fact, then, also make sure that schools allow parents to exercise their rights for what’s best for their children, to opt-out of those mandates."

There is no rule saying an opt out must be provided. He’s just blowing smoke at dumb parents who don’t know any better.

Are you saying the Youngkin and Miyares do not have the authority to make schools offer an opt out?

He does not.

I believe he can sign an executive order.

No, Virginia law forbids banning masks. Youngkin himself said he can’t do it.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No way - teacher here - this is a serious deal breaker for me. I was considering maybe we wouldnt need masks anymore last summer, but not right now when we have more cases than ever before and I have more of a chance of catching it.

So you’ll be fine with kids not wearing masks next month when the omicron wave has passed? (Genuinely curious - not being snarky.)

\


Not the poster you are responding to....but no I think masks should continue for this year. Everyone wants schools open and teachers in the building this is how it happens....we act safely and with humanity.

You do understand that many, many places in this country, and all over the world, aren't enforcing mask mandates on kids and they are better off then we are here?

False.

True.

https://www.nytimes.com/2021/08/27/us/students-masks-classrooms-britain.html
https://www.usnews.com/news/best-states/articles/2021-09-14/school-mask-mandates-by-state
https://www.theatlantic.com/science/archive/2021/12/mask-guidelines-cdc-walensky/621035/

Etc.
Etc.

None of those links support what you are saying. Did you even read them?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No way - teacher here - this is a serious deal breaker for me. I was considering maybe we wouldnt need masks anymore last summer, but not right now when we have more cases than ever before and I have more of a chance of catching it.

So you’ll be fine with kids not wearing masks next month when the omicron wave has passed? (Genuinely curious - not being snarky.)

\


Not the poster you are responding to....but no I think masks should continue for this year. Everyone wants schools open and teachers in the building this is how it happens....we act safely and with humanity.

You do understand that many, many places in this country, and all over the world, aren't enforcing mask mandates on kids and they are better off then we are here?

False.

True.

https://www.nytimes.com/2021/08/27/us/students-masks-classrooms-britain.html
https://www.usnews.com/news/best-states/articles/2021-09-14/school-mask-mandates-by-state
https://www.theatlantic.com/science/archive/2021/12/mask-guidelines-cdc-walensky/621035/

Etc.
Etc.

Students and teachers do not have to miss school or quarantine unless they are actually sick with Covid and report to school. A child or teacher who is vaccinated does not have to quarantine after close contact.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How will schools that keep mask mandates in place handle students who opt out with the backing of Youngkin and the VA government?

Youngkin said:

“School districts will be able to keep mask recommendations in place, but parents can choose not to follow them…
The way that Virginia works is that the governor cannot ban mask mandates. Schools make those decisions,” he said. “We will in fact, then, also make sure that schools allow parents to exercise their rights for what’s best for their children, to opt-out of those mandates."

There is no rule saying an opt out must be provided. He’s just blowing smoke at dumb parents who don’t know any better.

Are you saying the Youngkin and Miyares do not have the authority to make schools offer an opt out?

He does not.

I believe he can sign an executive order.

Anonymous wrote:

Anonymous wrote:I will send all of my DCs in with fitted masks with two meltblown filtration layers (they look like KN95 masks but it's hard to find actual KN95s and they don't fit KF94s). I will also ask the to keep them on regardless of how many of their peers are not wearing one. After the Omicron surge and hospitals are not under a state of emergency, I won't worry about whether they keep them on and after cases come down.

As for Youngkin imminent executive order, I think there will be a lawsuit arising out of Fairfax, Arlington, Falls Church or Alexandria to challenge its validity.

In the meantime, if Youngkin wants to be DeSantis-lite, I hope he increases testing in schools to two times a week. I hope he installs clinics for easy access to monoclonal antibodies. I hope he procures a large supply of antivirals and makes it easy for those who test positive to access them very soon after diagnosis. None of these things would be mandates but will help get Virginia through the Omicron surge and surges from future variants.

He isnt banning masks, he is just offering choice..not sure why everyone is upset, there are vaccines and boosters.

Sorry to burst your bubble, your kid will still be masked, at least in Nova.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No way - teacher here - this is a serious deal breaker for me. I was considering maybe we wouldnt need masks anymore last summer, but not right now when we have more cases than ever before and I have more of a chance of catching it.

So what will you do if some of your students show up with no masks? Quit?

Out of curiosity, do you teach elementary or middle/high school? Just curious if you have around 20 students total or around 100.

Kids who show up to my classroom without masks will be sent to the office to be suspended from school if they don’t comply. How is this even a question.

+1 And if they are sent back to my classroom then I will gather my things and leave. I will not be in a classroom with kids who are not masked. (DP)

Do you really believe their cotton Batman mask from target is keeping you alive? Really?

Spoken like someone who has never taught. Have you ever worked closely with a child reading and they cough right in your face or sneeze.....so yeah most teachers appreciate the masks right now-event he batman ones.

*even the