Virginia Gov. Glenn Youngkin is dealing with a brand new authorized problem from seven faculty boards over his government order permitting mother and father to choose out of college masks mandates.
Youngkin, a Republican, issued the order as one in every of his first acts after being sworn in as governor on January 15. It took impact on Monday, however was ignored by some districts who saved masks mandates in place.
On Monday, the varsity boards in Fairfax, Richmond, Prince William and Arlington counties and the cities of Alexandria, Hampton and Falls Church filed a lawsuit in Arlington Nation Circuit Courtroom looking for to dam Youngkin's order. Collectively, they signify greater than 350,000 college students.
Their lawsuit argues that Youngkin's order is at odds with the Virginia state structure and state regulation, inserting faculty boards in a "legally untenable place."
It says the state structure offers native faculty boards the authority to run their districts and cites a 2021 state regulation that requires faculty techniques in Virginia to supply in-person instruction that adheres to the U.S. Facilities for Illness Management and Prevention's COVID mitigation pointers "to the utmost extent practicable."
Those that assist Youngkin's order argue that it would not violate state regulation as a result of the CDC solely recommends mask-wearing and would not mandate it.
"This lawsuit is just not introduced out of alternative, however out of necessity," the varsity boards mentioned in a joint assertion.
"With COVID-19 transmission charges excessive, our hospitals at disaster degree, and the continued suggestion of well being specialists to retain common mask-wearing in the meanwhile, that is merely not the time to take away this important part of layered well being and security mitigation methods. College divisions must proceed to protect their authority to guard and serve all our college students, together with our most susceptible, who want these mitigation measures maybe greater than anybody to have the ability to proceed to entry in-person instruction."
In a message to households concerning the authorized motion, Scott S. Brabrand, the superintendent of Fairfax County Public Colleges, mentioned: "Our most necessary duty is to our college students. Well being and security choices, and the controversy round them, ought to at all times be made with their well-being in thoughts."
Youngkin's spokesperson Macaulay Porter mentioned the administration was upset by the authorized motion.
"We're upset that these faculty boards are ignoring mother and father' rights," Porter advised Newsweek. "The governor and lawyer common are in coordination and are dedicated to aggressively defending mother and father' elementary proper to make choices with regard to their kid's upbringing, schooling, and care, because the authorized course of performs out."
Second Lawsuit
The lawsuit filed by the varsity boards follows a separate lawsuit filed final week by mother and father of youngsters in Chesapeake Public Colleges, who requested the Virginia Supreme Courtroom to rule that Youngkin's order violates the state regulation on COVID mitigation in faculties.
With confusion over the order swirling, Youngkin mentioned he was assured the courts would rule in his administration's favor. However he urged mother and father to hearken to their kids's faculty principals in the meanwhile.
"Take heed to a principal right this moment. And I do know that there are some faculty techniques which can be doing issues which can be inconsistent with respecting the rights of fogeys," he mentioned in an interview with Richmond radio station WRVA. "Let's respect it proper now and let this authorized course of play out."
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