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Virginia Senate passes bill to make masks optional in schools

Three Democrats joined Republicans to approve the bill by a vote of 21-17. It now heads to the House of Delegates.

RICHMOND, Va. — Legislation that would make masks optional in Virginia schools passed a key hurdle Wednesday with bipartisan support from Senate leaders. By a vote of 21-17, the Virginia Senate passed SB739, in which a parent "may elect for such child to not wear a mask while on school property."

The bill will head to the Republican-controlled House of Delegates, where it is expected to pass. Gov.Glenn Youngkin said he will sign the bill. He could use the option to put an emergency clause on the bill, which would make it effective immediately, possibly by the end of the month.

"Kids across the Commonwealth win with this bipartisan vote today," Youngkin said in a statement. "Parents are now empowered to decide whether their children should wear a mask in schools. I promised that as governor, Virginia would move forward with an agenda that empowers parents on the upbringing, education, and care of their own children. I am proud to continue to deliver on that promise."

The bill, first introduced by Sen. Siobahn Dunnavant (R-Henrico) included a provision that added an amendment to give parents the option, essentially aiming to end universal mask mandates in classrooms. 

Sen. Chap Petersen (D-Fairfax City) introduced the floor amendment on Tuesday with an overwhelming bipartisan win. One day before, he scrutinized Fairfax County Public Schools for its mask policies and said in a statement that "this sad episode will finally end."

Ten Democrats sided with the amendment, but during the vote on Wednesday, seven of them chose no

The amendment also stated that parents who choose to send their kids to school maskless "shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of this parental election."

The passage of the bill puts into question legal challenges against Youngkin who lost a court hearing in the Arlington Circuit Court, where a judge ruled he had no legal authority to make seven school districts follow his executive order to make masks optional. 

"This vote also shows that school boards who are attacking their own students are stunningly detached from reality," Gov. Youngkin said in a statement. 

Judge Louise DiMatteo wrote in her opinion that the case comes down to whether the Commonwealth's governor "can override the decision of local school boards...[o]n this pivotal point, the Court concludes that the Governor cannot." 

School districts argued they have relied on SB1303, a bipartisan law passed last year that required schools to offer in-person classes while following the fullest extent of the CDC guidelines. They cite the CDC recommendations for universal masking in schools. 

Hours before the Senate vote, an education committee heard the House version of the bill from Del. Amanda Batten. 

Chair Del. Glenn Davis, R-City of Virginia Beach, said the bill addresses "judicial misconception."

"When we passed SB 1303 it was not intended to give school boards the power to ignore governor's executive orders, and I think what we're seeing is the court's misinterpretation of 1303 when it comes to mask mandates," Davis said.

Other lawmakers and educators argued the bill takes the power away from local jurisdictions who should have the authority to implement what is best for the community, including if another surge were to occur.

"This bill would tie hands of superintendents to do the job that they're hired to do in order to make that decision at the local level in terms of how to keep schools open and how to keep them safe," Thomas Smith of the Virginia Association of School Superintendents said.

"There's a big difference with eliminating a statewide mask mandate, which would be in favor of, and eliminating the school board's ability to make that decision from a local leve; with input from the community,"  Stacy Haney, Virginia School Boards Association, told legislators.

RELATED: Despite ruling on masks in Virginia schools, families are still pushing back

RELATED: Loudoun County School Board meeting brought to a halt by families opposing the mask mandate

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