Cashwell: Henrico Schools' mask rules are not a political stance

Henrico Superintendent Amy Cashwell Saturday morning spoke publicly for the first time about Gov. Glenn Youngkin's executive order that terminates the statewide mask mandate for K-12 schools. It's an order that school system officials announced last week will not trump the school system's existing policy requiring masks for everyone in its buildings.

“I want to be really clear, this is in no way Henrico County Schools pushing back personally on the governor or taking any kind of political stance,” Cashwell said, addressing the Henrico Board of Supervisors during its one-day retreat. "We're working to make sure we're maintaining our health and safety plans and doing so in accordance with the law and health experts."

Cashwell cited existing state law (from Senate Bill 1303, passed last year), which requires schools to follow guidance from the Centers for Disease Control and Prevention. Those guidelines include universal masking in K-12 schools.

Legislators continue to argue about the law’s intent.

Sen. Siobhan Dunnavant (R- Henrico) originally introduced it as a one-sentence bill, mandating a return to in-person instruction.

House Democrats, including Schuyler VanValkenburg (D- Henrico) added language onto the bill that requires schools to follow mitigation strategies from the CDC “to the maximum extent practicable.” It passed last year with a strong bipartisan vote.

HCPS spokeswoman Eileen Cox said that if any students refuse to wear masks on Monday or beyond, school officials will do what they have done all year – work with individual families to see what alternatives are available.

Based upon directives from school administration obtained by the Citizen, one mitigation strategy is to have unmasked students sit behind plexiglass if they cannot always be distanced by 6 feet or more.

If a parent’s concern cannot be resolved collaboratively through other means, it may be necessary for a student to learn asynchronously outside of the school building, according to Cox.

“Again, our expectation and hope are that students and families will continue to adhere to current HCPS masking requirements as they have done successfully all school year,” Cox said. “School administrators will assist and support teachers in addressing situations where a student may refuse to wear a mask.”

Youngkin’s executive order states that parents may elect for their children not to be subject to any mask mandate in effect at the child’s school. No parent who chooses to opt their child out of a school mask mandate will be required to provide a reason or make any certification concerning their child’s health or education, according to the order.

But on Friday evening, Youngkin said in a statement that he encourages families to follow guidance from their principals until the matter is sorted out legally.

A group of parents filed a lawsuit on Tuesday against Youngkin in the Supreme Court of Virginia. The suit claims that the executive order is unconstitutional, partly because it clashes with a state law.

Attorney General Jason Miyares filed a motion on Thursday night to dismiss the lawsuit.

SB1303 stoked conflict in August when the CDC changed its recommendations to urge universal masking in K-12 schools. Then-governor Ralph Northam implied that school divisions that didn’t follow CDC mitigation strategies would be in violation of state law.

Confusion arose over the intent and reach of the law. The controversy was put on hold when then- State Health Commissioner M. Norman Oliver released a health order mandating that masks be worn in all public and private K-12 schools by everyone 2 years and older.

Now, that order will be terminated Monday when Youngkin’s executive order takes effect.

The issue should soon be settled by the Virginia Supreme Court.

The Henrico Education Association, along with the Richmond and Chesterfield teachers unions, are encouraging teachers to wear black on Monday in support of efforts to maintain safety protocols.

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Anna Bryson is the Henrico Citizen’s education reporter and a Report for America corps member. Make a tax-deductible donation to support her work, and RFA will match it dollar for dollar.