Seven school districts in Virginia sued Governor Glenn Youngkin on Monday, objecting to his executive order overruling their mask policies and making the wearing of masks optional in public schools.
The school boards of Alexandria City, Arlington County, Richmond City, Fairfax County, Falls Church City, Hampton City, and Prince William County filed a lawsuit with the Circuit Court for the County of Arlington, challenging the constitutionality of the executive order, which goes into effect Monday.
The lawsuit “defends the right of school boards to enact policy at the local level, including policies that protect the health and well-being of all students and staff.”
“Today’s action is not politically motivated. These seven school divisions would welcome the opportunity to collaborate with the governor to ensure the safety and welfare of all students,” the school boards said in a joint statement. “This lawsuit is not brought out of choice, but out of necessity.”
At the center of the lawsuit is the question of whether an executive order “can unilaterally override” the authority given to local boards by the state constitution, according to the Associated Press.
Legislative action was taken in 2021 that allowed students to attend classes in person while local school boards follow the recommendations of the Centers for Disease Control and Prevention.
“Without today’s action, school boards are placed in a legally untenable position — faced with an executive order that is in conflict with the constitution and state law,” the lawsuit says.
It appears that the Virginia Supreme Court will eventually have to decide on the legality of Governor Youngkin’s executive order. On Friday, Attorney General Jason Miyares asked the Supreme Court of Virginia to dismiss a lawsuit challenging Youngkin’s executive order.
Miyares cites a state law that says parents have a “fundamental right to make decisions concerning the upbringing, education, and care” of their children. Miyares also argues that Youngkin’s order falls within the broad authority given to the governor to address the challenges of the COVID-19 pandemic.
