Groups file dual lawsuits on Youngkin’s parent choice mask policy

February 3, 2022
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RICHMOND, Va. (AP) – An executive order by Gov. Glenn Youngkin that allows parents to opt out of COVID-19 school mask mandates has prompted dueling lawsuits.

Parents of children with disabilities argued in a federal lawsuit that forcing schools to repeal their mask mandates effectively excludes those students from public schools, in violation of the Americans With Disabilities Act.

A separate suit was filed by three parents against the Loudoun County School Board for ignoring Younkin’s order.

Youngkin, a Republican, issued the executive order on his first day in office on Jan. 15. A group of parents from Chesapeake and seven school boards are also challenging the order in court.

Mapp, Mapp and Klein Injury Attorneys

The Accomack and Northampton School Boards both voted to continue to require all students and staff to wear masks at school.  Approximately 25 of the state’s 130 school divisions ignored the Governor’s executive order and still require students to wear masks.

Accomack has suspended at least one student for 5 days for failing to wear a mask, while Northampton also sends students home that object to the mandate. However, they allow the student to return wearing a mask.  Both counties provide masks free to students that don’t have one.

Youngkin has asked the Virginia Supreme Court to rule on the legality of his parent choice policy.  As of now the court hasn’t ruled on the issue.

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