In Virginia, Youngkin’s Executive Order on Masks in Schools Sparks Confusion, Contention & Lawsuits
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Education advocacy can vary greatly between different organizations, such as Virginia’s largest teacher’s union and the Cato Institute, a libertarian think tank known for criticizing "union-induced school closures."
However, these groups are currently aligned on one issue: opposing Governor Glenn Youngkin’s executive order on masks in schools. Representatives from the Richmond, Chesterfield, and Henrico chapters of the Virginia Education Association gathered to express their opposition to the directive, which allows parents to opt out of universal masking requirements in local school districts. On the same day, the Director of Cato’s Center for Educational Freedom published a column criticizing the executive order after confirming with the state Department of Education that it applies to Virginia private schools as well.
In a phone call on Monday, Director Neal McCluskey expressed his concern, stating, "The governor is essentially saying that parents should not have the ability to choose a school with a universal mask mandate. This is a significant decision, especially during a pandemic." While McCluskey’s main focus was on how the directive affected private schools, he also acknowledged the challenges it presented to public school divisions.
"The schools across the state have been caught off guard," he explained. "One week, the state says that mask mandates are mandatory, and then the next week, they say they are not allowed. It is generally not good policy to enforce drastic measures on schools in the middle of the academic year."
This perspective is shared by many parents and school divisions who are grappling with the ongoing confusion surrounding the executive order, which went into effect on Monday despite facing legal challenges and instances of noncompliance. Seven local school boards and a group of parents in Chesapeake have filed separate lawsuits against the administration, asserting that Youngkin does not have the authority to override local masking policies. While some school divisions have already made masks optional, more than a dozen others are maintaining their mandates while the order is being contested in court. The Virginia Supreme Court is expected to address the case sometime this week, as reported by NBC12.
Various Virginia school systems, including Fairfax and Prince William counties, have filed lawsuits challenging the constitutionality of Gov. Youngkin’s executive order that eliminates mask requirements in schools. pic.twitter.com/pnzQfD4wiR
— Scott Gelman (@Gelman_Scott) January 24, 2022
There is genuine uncertainty regarding whether Governor Youngkin has the power to overturn local policies. In 2021, the General Assembly passed a law mandating that public schools remain open for in-person instruction. Signed by Governor Ralph Northam, the law specifies that divisions should adhere to mitigation guidance from the Centers for Disease Control and Prevention (CDC) "to the maximum extent practicable." Currently, this guidance explicitly recommends universal masking for all students, staff, and visitors, regardless of vaccination status.
It is still unclear if the governor can bypass state law with an executive order. According to the Virginia Constitution, school policies largely fall under the jurisdiction of the state Board of Education, with day-to-day oversight entrusted to local school boards. While Youngkin has not divulged his plan for enforcing the executive order, it remains uncertain whether he has the authority to take action against noncompliant districts.
For many educators, administrators, students, and their families, the frustration with the order stems from practical implications. In school divisions maintaining their universal masking policies, teachers are primarily responsible for ensuring compliance if students arrive without face coverings.
"In Richmond, we communicate with students to encourage them to wear masks," explained Katina Harris, President of the Richmond Education Association. "Some educators have even implemented reward programs for students who come to school wearing masks."
However, confrontations remain a concern. In Fairfax County, students who refuse to comply with the district’s masking mandate will not be permitted to attend in-person instruction, as stated in a staff-wide webinar held on Monday. As other districts consider similar policies, parents worry about their children getting caught in the middle.
Students at Woodgrove High School in Loudoun County, Virginia are seen entering the school without masks, despite the school district’s defiance of Governor Glenn Youngkin’s executive order making masks optional. pic.twitter.com/MrjmXcAmga
Last week, a mother from Page County gained national attention when she vowed to bring loaded firearms to school if the district did not lift its mask mandate. As similar heated debates unfold throughout the state, it is difficult for students to avoid worrying that their own districts will face similar incidents, according to Alsúin Creighton-Preis, a parent residing in Henrico County.
Creighton-Preis stated, "These children have already had to endure the presence of seemingly normal parents shouting nonsensical statements during school board meetings. They are all well-connected, so rumors are spreading like wildfire." Her own daughter, a senior in high school, expressed concerns that an armed parent may arrive at school on Monday to protest the district’s mask policy.
Nevertheless, not all families oppose the mandate. Alexis Gearhart and John Cantello, parents in Prince William County, allowed their three oldest children to attend school without face coverings on Monday, despite the district’s universal masking policy. Cantello explained that he is concerned about the negative effects of continued mask-wearing on his children’s social and emotional development, especially for his six-year-old daughter who has never experienced a typical pre-pandemic school year.
Cantello expressed his views by saying, "We are referring to an entire generation where masks are becoming the new norm. But for me, they are not normal, and I do not want this to be the new normal."
Ultimately, both parents mentioned that their children complied and put their masks back on when instructed to do so by their teachers. Gearhart mentioned that her ten-year-old daughter was initially asked to sit in the back of the classroom. However, with the ongoing litigation regarding the mask mandate, some parents and students are worried that the debate will intensify. The division is particularly evident in the counties where wearing masks is optional.
Alexander Campbell, a junior who chose to return to school with a KN95 mask in Powhatan County, stated, "I would estimate that about 80 percent of the students were not wearing masks." Some teachers in the district also chose not to wear face coverings, leading to discussions and debates among the students.
Campbell added, "Dealing with COVID has made school feel more awkward and tense. I wonder if we will return to normalcy or if this tension will continue to escalate to the point where altercations and social media debates over masks are common."
He is equally concerned that the sudden abandonment of face coverings will contribute to the spread of COVID-19, especially if unmasked students do not quarantine after close contact with an infected individual. However, on a statewide level, Campbell expressed his frustration with the loss of autonomy given to local school boards.
"I find the order ironic because conservatives have long advocated for local control. And now, local officials are unable to make decisions regarding public health, despite being elected to do so," he stated.
Virginia Mercury is part of States Newsroom, a network of news bureaus funded by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains its editorial independence. For any inquiries, contact Editor Robert Zullo: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.
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