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Tuesday, April 23, 2024 | Back issues
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Virginia governor’s school mask order faces bipartisan pushback

Republican and Democratic state lawmakers who backed a school reopening bill say it doesn’t give the governor power to impose a statewide mask mandate for students and teachers.

RICHMOND, Va. (CN) — Carla Leonard has two sons under the age of 6 and said raising them during a pandemic out of their Central Virginia colonial-style home has been tough. 

Last year she managed to get them in day care while she and her husband worked, but now that option isn’t available and her local school district is set to open its doors in the coming weeks. She’s been following her school board’s actions on masks but was less than thrilled with an early plan that allowed for a doctor’s notes to be used as an excuse for maskless students. 

“All of us have a different idea of what makes us comfortable so it makes it harder,” Leonard, a pseudonym she asked to use to protect her family from public backlash, said in a phone interview. “Children may not die often from Covid-19, but it’s still a threat.” 

Local news reports tell stories of children and teens on ventilators, while the state’s Department of Health put the number of Covid-19 deaths under the age of 18 at six. 

So when Leonard heard Virginia Governor Ralph Northam, a Democrat, issued an order Thursday requiring universal masking in all indoor settings in K-12 schools, she was a bit relieved. 

“I’m proud of the parents who have come together to show that they care. We’ve done what we can for our children,” she said. “But I’ve seen entire families not wear a mask in the grocery store when it was mandated and it's emotionally jarring.” 

Northam issued the order under the authority of the state’s commissioner of health, however he’s faced heat for its overlap with a law passed during a special legislative session in response to the pandemic. It requires schools to adhere “to the maximum extent practicable” to guidelines issued by the Centers for Disease Control and Prevention, which now include masking for all students, teachers and staff.

“We all share the same goal of keeping our schools open and keeping our students safe,” Northam said in a statement Thursday. “This public health order makes it very clear that masks are required in all indoor K-12 settings, and Virginia expects all schools to comply.” 

But state legislators from both sides of the aisle who helped craft and voted in support of the legislation are already questioning the move.  

“Clearly the governor agrees with me that [the legislation] does not in fact impose any mask mandate,” said Senator Siobhan S. Dunnavant, R-Henrico. “If it did, he wouldn’t have had to issue his statewide mandate.”

Her comments were echoed by Senator Chap Petersen, D-Fairfax, who similarly called Northam’s order an overreach. 

“The entire purpose of the bill was to give local school boards flexibility in adopting mitigation strategies,” he said in a statement. “It did not give some super power to the governor or his health commissioner, who have no role in managing locally-owned public schools.”

Dunnavant, a practicing gynecologist, also criticized Northam, a pediatric neurologist, over prior school closures, claiming he was disregarding “science, evidence and even the definitive position of his own medical specialty board, the American Academy of Pediatrics."

School opening guidance from the AAP released in July suggests masking in schools for anyone over the age of 2, even those who are fully vaccinated.

“Combining layers of protection that include vaccinations, masking and clean hands hygiene will make in-person learning safe and possible for everyone,” wrote Dr. Sonja O’Leary, chair of the AAP Council on School Health, in a post announcing the suggested measures.

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A spokeswoman for Northam pointed to the governor's 30 years of treating children and the above-mentioned AAP guidelines when asked about Dunnavant’s comment. 

“If you want to keep schools open and children in the classroom, you need to keep them safe,” she said. 

Other Virginia legislators who helped craft the school bill said Dunnavant and Peterson were misinterpreting the law, saying it does call for a statewide mask mandate. 

“The governor is implementing a law that passed with an overwhelming bipartisan majority that put public health guard rails in place to keep schools open as much as possible,” said Delegate Schuyler VanValkenburg, D-Henrico, in a phone interview. He pointed to the limited in-person, mask-required learning which occurred last spring. 

“We know this is the number one way to mitigate spread besides vaccinations,” he added. 

VanValkenburg has a unique take on the issue; he’s a high school government teacher when he’s not in the Legislature, and he’s got three kids: two ages 13 and 15, both over the vaccination age, and one, age 11, under it.

“I wish all three were vaccinated,” he said with a nervous laugh. 

The delegate was also in the online teaching trenches during the peak of the pandemic and didn't mince words when he described the experience: “last year was awful.” 

“Teachers want to be in the classroom, but they’re apprehensive; they want to be safe and they want the students to be safe,” he said, noting he can only hope his students over vaccination age have all gotten their jabs, but will enforce the masking rules as needed. 

As for the senators' complaints about Northam's order, VanValkenburg argues Dunnavant, who claims authorship of the Covid-19 school bill, offered an unrealistic bill and noted the final version includes the CDC guideline adherence that she eventually voted in favor of, a provision added by he and his colleagues in the House of Delegates.  

In a virtual hearing on the bill, Dunnavant also acknowledged changes made from her original version that suggest authority at the state level.

“There is no issue with the power of the school boards or how things are done...it requires centralized leadership in the state to advise them to open,” she said. “This means you follow CDC within the context of schools being open. We must do it for our children.”  

In a phone interview, Peterson, who said he was in favor of people wearing masks and even a vaccine mandate for students once the shots get full safety clearance, stressed the dispute is all about Northam’s authority. 

“He’s citing the bill as his justification for intervening in a local issue,” he said, noting local school boards are independent from the state under the state’s constitution. “The law does not give him an invitation to tell local schools what to do.”

He also expressed doubt at the idea that masking students would be the key to beating the virus. 

“This idea that forcing 5-year-olds to wear masks is going to bring Covid under control, I have serious reservations about that science,” he said, before pointing to Virginia's daily death count – fewer than 10 a day since early June when vaccines became widely available. 

As for Leonard, she’s moving forward and keeping her spirits high despite fears of a possible quarantine or another school shutdown due to an outbreak. 

“It’s inevitable,” she said, noting her planning includes saving money to get groceries delivered, stocking up on Pedialyte and other emergency supplies for if and when her children face exposure. 

“I’m not a doomsday prepper, but I’m gonna prepare for when we have to be on the lookout,” she said.

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Categories / Education, Environment, Government, Health

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