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Virginia Gov. Glenn Youngkin won鈥檛 confirm whether his administration plans to withhold state funding from local school divisions that don鈥檛 comply with allowing parents to opt out of universal masking policies.聽

The possibility was first raised by Lt. Gov. Winsome Sears in on Fox News. While Youngkin had previously stated he planned to use 鈥渆very resource within the governor鈥檚 authority鈥� to address noncompliant districts, he didn鈥檛 outline specific enforcement actions. Sears, though, suggested that state funding could be used as leverage in response to a question from a Fox interviewer.

鈥淭here are certain combinations of money we send to the local school boards and he could withhold some of that,鈥� she said. When asked by the Mercury whether Youngkin agreed with the statement, spokesperson Macaulay Porter said Tuesday that Democrats had 鈥渨illfully mischaracterized鈥� the remarks, but did not say whether Youngkin was considering the possibility or other specific enforcement mechanisms.

鈥淭he executive order allows parents to opt out of mask mandates so that they can make the best decisions for their children and anyone who wants to wear a mask is free to do so,鈥� Porter said. 鈥淐onsistent with the governor鈥檚 past remarks, we will consider the tools available to make sure that parents鈥� rights are protected.鈥�

Both legislators and local school divisions have been scrambling to respond to the directive, which has already been challenged in the Supreme Court of Virginia by a group of Chesapeake parents, . More than a dozen other school districts have already announced they plan to keep their universal masking policies despite the directive.

It鈥檚 true that the executive order does not ban masks in schools, despite some characterizations by the Democratic Party of Virginia and some individual legislators. Instead, it鈥檚 largely directed at parents, allowing them to opt their children out of any universal masking requirement adopted by their division.

That still puts school districts in a difficult position as Virginia continues to see of new coronavirus infections, largely driven by the highly infectious omicron variant, according to state health officials. Divisions are under a law passed last February by the state鈥檚 General Assembly and signed by former Gov. Ralph Northam. But the language of the bill also orders local school districts to follow mitigation guidance from the Centers of Disease Control and Prevention 鈥渢o the maximum extent practicable.鈥�

explicitly recommends universal masking for all students, staff and visitors regardless of vaccination status. Shortly after those guidelines were published last July, Northam that masks would be required in Virginia schools.

For local divisions, there鈥檚 wide concern that following Youngkin鈥檚 executive order puts them in direct conflict with existing state law. Others are worried about the timing amid a deluge of staff and student absences. Large Virginia school districts, including Fairfax, Loudoun and Prince William, are among those who say they plan to keep their universal masking policies despite Youngkin鈥檚 directive. Even divisions in more conservative areas of the state are encouraging students and staff to maintain the use of face coverings.

鈥淲e are struggling to keep all schools open for in-person learning due to quarantines, isolations and normal absences among faculty and support staff,鈥� Bristol superintendent Keith Perrigan wrote in a Monday email to families. 鈥淲e will strongly encourage everyone to wear masks until the Omicron surge ends.鈥澛�

While Youngkin鈥檚 directive doesn鈥檛 take effect until Monday, potential enforcement is still top of mind for many school administrators. Ben Kiser, executive director of the Virginia Association of School Superintendents, said there鈥檚 been no communication from the administration regarding the governor鈥檚 order. The text directs Jillian Balow, the state鈥檚 newly appointed superintendent of public instruction, to issue new guidance for schools on COVID-19 mitigation measures, but Kiser said there are still significant questions on how communities with surging case numbers should protect both students and staff.

鈥淭here鈥檚 just a lot of uncertainty right now as a result of the order,鈥� he said. 鈥淎nd I hope we鈥檒l eventually get clarity so we can do what鈥檚 required of us.鈥� Both the CDC and the Virginia chapeter of the American Academy of Pediatrics recommend wearing masks in schools as a way to curb the spread of COVID-19. And while have shown mixed results on how extensively face coverings in schools, wider research shows masks can significantly and , especially combined with other mitigation measures like vaccinations and social distancing.聽

Some Republican-led states have already set a precedent for punishing schools with masking policies, including Texas, where the attorney general that defied Gov. Greg Abbott鈥檚 ban on local mandates. The Florida Department of Education also from schools that kept their mask policies after a similar executive order from Gov. Ron DeSantis.

Some legal experts, though, said they鈥檇 be surprised if the issue progressed as far in Virginia. Historically, the state鈥檚 pandemic orders have despite the threat of enforcement. There鈥檚 also a legitimate constitutional question of whether the governor has the authority to supersede state law 鈥� in this case, the legislation directing schools to reopen 鈥� or local school board policies.聽

In his executive order, Youngkin cited giving parents the 鈥渇undamental right to make decisions concerning the upbringing, education, and care鈥� of their children. That section was codified into law in 2013 after involving parental custody rights. Sen. Jennifer McClellan, D-Richmond, said it doesn鈥檛 override the law passed last year 鈥� or change the state鈥檚 constitutional language regarding public education.

鈥淭he constitution makes clear that overall education policy is made by the Board of Education,鈥� she said in a Tuesday morning news conference organized by General Assembly Democrats to push back on the executive order. 鈥淏ut the day-to-day supervision of schools is left to local school boards.鈥� The governor himself has previously stated that school divisions would have to make their own decisions on whether to keep local mask mandates in place.

鈥淚 think the governor鈥檚 own words really speak to it,鈥� added Jon Becker, an associate professor of educational leadership at Virginia Commonwealth University. 鈥淗e鈥檚 said he doesn鈥檛 have the power to tell local school divisions that they can鈥檛 mandate masks. Virginia has a long history of local control, especially in education, so this type of executive authority is antithetical to how we鈥檝e operated for a very long time.鈥�

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Robert Zullo for questions: [email protected]. Follow Virginia Mercury on and .

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