On Tuesday, Gov. Glenn Youngkin signed into law SB739 to lift mask mandates in the Commonwealth's public schools. The ACLU of Virginia is already challenging his executive order on this issue in federal court, on behalf of parents with immunocompromised kids. The following statement can be attributed to Eden Heilman, legal director, ACLU of Virginia:
"We believe all students, regardless of who they are or where they live, should be able to go to school in person and receive the support and services they need to be successful. Virginia schools have a legal obligation to educate and accommodate students with disabilities, including those students with medical conditions that make them more vulnerable to COVID-19. We have been following Senate Bill 739 since its amendment banning mask mandates, and we believe it suffers from the same legal flaws as Executive Order 2. It strips from school districts the ability to provide accommodations for students with disabilities in accordance with the federal Americans with Disabilities Act and Section 504 of the Rehabilitation Act. . We will amend our complaint, as needed, to address the new law. But the substantive arguments in our complaint and temporary restraining order remain the same.
"Our case is not about forcing a universal, permanent masking requirement upon schools. It’s not about accommodating students whose disabilities do not allow them to wear masks. Those students have always been able to request and receive accommodations as necessary. It’s about schools having the authority and discretion to provide accommodations for immunocompromised students with disabilities, including the masking of those around them, so that they can attend public school like their nondisabled peers. It’s about ensuring that schools can implement a coordinated public health response, as necessary, if the circumstances require it. It’s about ensuring that all students have access to a safe learning environment."
