The Roanoke County School Board voted Tuesday to make masks optional once Governor-elect Glenn Youngkin takes office. On Thursday, it reversed that decision, citing potential legal complications.
“Upon Governor-elect Youngkin’s administration’s canceling of the current VDH public health order, Roanoke County Public Schools will immediately become mask optional and return to pre-COVID medical policies, leaving medical decisions such as testing, quarantining, contact tracing between the doctor and their student patient or the student’s parents and guardians,” Board Member Cheryl Facciani said in her motion.
The motion passed three to two.
On Thursday, the board entered a closed session, a private meeting used for discussing sensitive topics including legal matters.
After it came out, Chairman David Linden told the public, “While Tuesday’s motion had good intentions I made a decision without consulting our legal counsel and without comprehending all of the measures which were included in that motion and for that I take full responsibility. I truly appreciate and I agree with Miss Facciani’s desire to remove masks from our schools and I think that’s a majority of our board. However SB 1303 seems to clearly indicate that doing so would be against current state law and our hands are tied.”
The motion to reverse the Tuesday decision passed four to one.
In the 2021 General Assembly regular session, State Senator Siobhan Dunnavant (R-Henrico) introduced SB 1303, legislation requiring schools to provide full-time, in-person learning. The bill faced opposition from Democrats, but a bipartisan effort modified the bill until it could pass — including a provision that requires schools to follow CDC guidelines.
Republicans were incensed after Governor Ralph Northam cited that portion of the bill as an implicit mask mandate. Northam later issued an additional order making it clear that masks are required in schools.
Youngkin has said he will revoke that mandate, leaving it up to localities to decide. Youngkin can’t revoke SB 1303, since it is law passed by the General Assembly.
Linden said in the Thursday meeting, “Attorney General-elect Miyares cosponsored bill 1303 and it was passed by the Senate by a vote of 36 to three. Fairly overwhelming. And while I realize that portions of that bill may have been snuck in at the last minute, nonetheless it is currently law. So if our new governor and attorney general find a way to override senate bill 1303 or are able to provide an interpretation of SB 1303 which differs from the current opinion, I’ll be ready to reassess the ability for this board to make masks optional.”
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Eric Burk is a reporter at The Virginia Star and The Star News Network. Email tips to [email protected].
