Governor Ralph Northam did not issue a mask mandate for schools in Virginia Thursday, instead arguing that legislation passed earlier this year requires masks, a claim disputed by a Republican sponsor of the law.
In a news conference Northam issued a warning of sorts to school divisions that won’t require masks. It centered on the law passed on a bipartisan vote earlier this year that requires schools to reopen and follow the mitigation measures recommended by the Centers for Disease Control.
“We expect them to follow the law. And the law that was passed earlier this year says that schools will do two things. This fall they'll offer in-person instruction five days a week, and they will follow CDC mitigation strategies. The CDC guidance is that people in schools need to be wearing masks. That law was passed by a strong, bipartisan vote of the legislature and I expect school divisions to follow it,” said Northam. “And I expect school divisions to follow it. If they choose not to follow it, they should have a frank discussion with their legal counsel.”
But later that afternoon, the Republican senate sponsor of that bill, Siobhan Dunnavant, issued a statement saying the law isn’t a mandate for masks.
“The reality is that Governor Northam wants to mandate our children wear masks at school this year and is using an excuse to make a decision he knows is not in the best interest of our next generation,” the statement said.
She had described it to the Senate in late February, quoting key language from the bill. “The mitigation laid out by the CDC will be adhered to the maximum extent practicable,” said Dunnavant then.
A few days earlier Dunnavant described the bill to a house committee without the term “maximum extent practicable.”
“The Senator who sponsored the legislation was pretty clear in her presentation on the legislation on the floor that schools would need to follow CDC guidance,” said Alena Yarmosky, the govenor's press secretary. “The intent of the legislature we think has been pretty clear....that's why at this point, we're going to expect that school divisions follow it.
Dunnavant’s office didn’t respond to a voicemail by air time.
The CDC recommends masking for all students above 2 years old and that schools maintain at least 3 feet of distance between students.
“This is not a mandate from us,” said secretary of Public instruction James Lane. “They'll need to check with their legal counsel. And they'll need to talk with their insurance company if whether they'll even be insured, if they don't follow the CDC guidance and the CDC guidance is pretty clear.”
House minority leader Todd Gilbert said Northam “decided to hide behind a false interpretation of a law that already delayed the reopening of schools to this fall.”
It may come down to interpreting what the “maximum extent practicable” means.
In any case, at least four school divisions in southwest and central Virginia have already changed their guidelines. Roanoke, Washington, Botetourt and Louisa counties have now reversed course and will require masks.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
