School boards sue governor over masks

The Fairfax County School Board joined with six other school boards in a lawsuit challenging the constitutionality of Gov. Glenn Youngkin’s Executive Order 2.

That document gives parents the right to disregard the state’s universal mask mandate.

The other plaintiffs include the school boards of Alexandria City, Arlington County, City of Richmond, Falls Church City, Hampton City, and Prince William County. Together the seven school boards represent more than 350,000 students.

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.

Related story: Statewide conflict brews over masks

According to a statement issued by FCPS, “This legal action centers on fundamental questions about the framework of public education in Virginia, as set out in the Virginia Constitution and by the General Assembly.”

“At issue is whether locally elected school boards have the exclusive authority and responsibility conferred upon them by Article VIII, § 7 of the Constitution of Virginia over supervision of the public schools in their respective communities, or whether an executive order can unilaterally override that constitutional authority,” FCPS states.

The lawsuit also questions whether a governor can reverse a state law by issuing an executive order without action by General Assembly.

In March 2021, the General Assembly enacted a law requiring local school boards to follow the Centers for Disease Control and Prevention’s health and safety requirements with the goal of returning students to safe in-person instruction five days a week.

Related story: FCPS defies Youngkin’s mask policy

The governor has placed school boards “in a legally untenable position,” FCPS states, forcing them to comply with an executive order that is in conflict with the constitution and state law. “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.”

“This lawsuit is not brought out of choice, but out of necessity,” FCPS states. “With Covid-19 transmission rates high, our hospitals at crisis level, and the continued recommendation of health experts to retain universal mask-wearing for the time being, this is simply not the time to remove this critical component of layered health and safety mitigation strategies.”