There’s been an unfolding drama since Glenn Youngkin took over as governor of Virginia, issuing 11 executive orders (EO) in his inaugural address this past Saturday. Executive order #2 to give parents the choice to opt out of mask requirements in public schools drew immediate pushback. Executive orders #1 and #4 targeted Loudoun County specifically, banning “divisive concepts” and promising to “investigate wrongdoing” in Loudoun County Public schools.
Seven school districts were quick to say they were not going to follow the EO on masks. While it bears repeating that being for parental choice isn’t the best argument against a transmissible virus that has its own agenda, it also bears repeating that “your rights” aren’t all that matter to society and public health at a time when the omicron variant has proved to be much more contagious and the impact of increased cases has stretched capacity for hospitals and health care workers.
Keep in mind too that hospitals aren’t the only place to feel the breakdown brought about by the failure to follow common-sense mitigations like vaccinations, mask-wearing, social distancing, and hand hygiene. Stretching a hospital to capacity leads to burnout of workers and a breakdown of the institution. The same could be said about schools, their staff, and faculty. But oddly, when it comes to choice, “Parents for Youngkin” probably have other ideas about what that choice means.
There’s also a much simpler way to look at this. The governor can’t rule by EO. Senate Bill 1303, passed by the bipartisan legislature of the Commonwealth and signed into law by Gov. Northam, is what is current law. If you want to change that, it’s not enough just to “listen to parents” as your mandate, as Gov. Youngkin suggests. You have to draft and pass a law.
Also, in the state of Virginia control of public schools resides with the school boards to decide locally what is best, in conjunction with the legislature. So Virginia school districts like Arlington, Alexandria, Chesapeake, Fairfax, and Manassas spoke over the weekend to allay parents’ confusion and anxiety but stated that they would continue the mask mandates.
Loudoun County, which was ground zero for pressure on the school board, targeting board members for removal, and citing fantastical claims of critical race theory (CRT) in order to denigrate policies supporting diversity, equity, and inclusion, was much slower and deliberative in joining efforts to keep masking protocols.
A group of parents organized by Loudoun4All and Loudoun for Evidence-Based Safe and Equitable Schooling (a grassroots group on Facebook with 6.5K members) came together Tuesday afternoon in advance of the Board of Supervisors meeting to make the case that if you listen to parents, as Youngkin suggests, you’ll hear that in Loudoun they want to continue to wear masks in school and follow current law.
One of the women interviewed by WUSA9 said it plainly addressing Loudoun Superintendent Dr. Scott Ziegler: “Dr. Ziegler, masking, distancing, these are the things that worked to get your students back into school … this is what has made it so schools could stay open this year. This is what we need to make sure we can finish out the school year.”
A motion to introduce a resolution showing support for the superintendent to maintain mask mitigation in the schools failed to reach the 60% threshold at the evening Board of Supervisors meeting. The threshold was necessary because the resolution was not part of the regular agenda. The vote was 5 in favor and 4 against. It is likely to come up again under regular order. While the resolution would not have been binding or have the force of law, it did show where each member stood. A similar measure to support the continuance of mask-wearing went before the school board that same evening and passed 8-1.
Youngkin's EO is expected to go into effect on Jan. 24. SB 1303 remains current law until the end of August. The power is with the local school board, which is charged with keeping schools open in accordance with “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.”
In the meantime, parents in Chesapeake have filed a case suing the governor for the EO. In Loudoun, there are cases still pending for the removal of two school board members and the governor has promised to crack down on the handling of a student sexual assault case in Loudoun County. Additionally, there are concerns about what will happen this upcoming Monday with a new website calling for supporters of Youngkin to participate in a “Mask Off Monday.” Once again, eyes are on Loudoun County.
We all want to get back to the days we enjoyed in the summer when COVID seemed in retreat, the vaccines were doing their thing for those who were getting them, and everyone could walk about with a degree of normalcy and freedom.
But there is always the temptation to want more and to simplify the complex. Parents deserve the freedom to choose. But will they be held accountable for the harm they inflict on others? The mask mandate in schools has always made room for legitimate exceptions. Youngkin's EO is not one of them.
If you live in Virginia, make sure you let your school board know that they, along with the superintendent, are the experts entrusted and empowered to direct public education—not “Parents for Youngkin,” parents “masking off” their children as political pawns, or Youngkin’s tone-deaf ‘listening.’