Virginia lawmakers at odds over who controls school safety measures

Virginia Gov. Ralph Northam implied at a press conference on Thursday that school divisions that don’t follow federal guidance related to COVID-19 mitigation strategies will be in violation of state law.

Now, lawmakers are at odds about a state law that requires all schools to offer in-person instruction.

SB 1303, the law in question, was originally introduced by Sen. Siobhan Dunnavant (R-Henrico) as a one-sentence bill, mandating a return to in-person instruction.

Democrats added language onto the bill that requires schools to follow mitigation strategies from the CDC “to the maximum extent practicable.” It passed earlier this year with a strong bipartisan vote.

Now, the addition to the bill is stoking conflict, given the CDC’s latest guidance, which urges masks for everyone in K-12 schools nationwide - regardless of vaccination status.

“[The law] said that the schools would follow the CDC guidelines,” Northam said on Thursday. “I don’t know that it can be any simpler than that.”

He also said that school divisions that choose not to follow federal guidance should "have a frank discussion with their legal counsel."

House Democrats amended the law to take effect July 1, and also added the language about federal health guidance.

“The law says you follow CDC guidance,” said Henrico Delegate Schuyler VanValkenburg. “We want schools to be open, we want kids to go to school, they need to be in school — but we need to also make sure that there's the flexibility to adapt as the virus may or may not adapt.”

The language about CDC recommendations was not a controversial part of the law, VanValkenburg said.

Dunnavant — who introduced the bill which did not include the language regarding CDC guidance — said that Northam is misinterpreting the law.

“If the governor thinks that we should have a mask mandate, then step forward and have the courage to call it instead of implying that it might be in this piece of legislation that he's misrepresenting. It's just such a bizarre way to do this,” Dunnavant told the Citizen. “He doesn't give any clear direction. He just says, ‘gosh, maybe maybe this is what the law means.’ Which it doesn't.”

Dunnavant focused on the word “practicable” in her explanation of how Northam is misinterpreting the law. SB1303 requires schools to follow CDC guidance “to the maximum extent practicable.”

“The entire reason that word was put in there was to allow for flexibility,” Dunnavant said. “‘Practicable’ means you accommodate kids that have anxiety disorders who can’t wear a mask. ‘Practicable’ means that you make sure that your number one goal is getting kids back in school, and you figure out the rest in the best interest of the kids with the experts that are on the ground, and that's the parents and the teachers.”

On July 21, the state recommended —  but did not require — all Virginia schools to enforce mask mandates for unvaccinated students and staff in the fall. The guidance released by the Virginia Department of Education and the Virginia Department of Health intentionally leaves the power in the hands of each school system, state officials said.

At least one school division has changed its masking policy due to Northam’s comments. The Augusta County School Board reversed its mask policy on Thursday, according to The News Leader.

The Henrico County School Board will meet on Thursday and discuss masking plans at its work session.

On July 27 — the same day that the CDC’s new guidance was released — the Henrico County Public Schools division announced to staff and families that masks will be optional for the 2021-2022 school year.

“While we encourage mask-wearing for those not fully vaccinated, we respect that mask-wearing is currently an individual’s choice,” the email from HCPS said.

HCPS spokesman Andy Jenks told the Citizen on Thursday that the school division intends to follow the law, but did not say whether or not the masking policy will change. The update that HCPS sent last week  was issued just before the newest CDC guidance came out, as well as before the past week’s worth of increases in community transmission, Jenks said. School officials were making arrangements to bring updated recommendations to the Henrico School Board before Northam’s press conference.

There will be no announcements from HCPS regarding decisions on mask policy until after the board discusses the matter on Thursday, according to Jenks.

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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.