Less than two days into his term, Youngkin pledged to employ the full extent of his authority to ensure that all schools were compliant with his day-one executive order that would authorize parents to opt-out of school mask mandates.
Hours after the governor signed the executive order, several Virginia school districts, including Fairfax County Public Schools, Arlington Public Schools, and Prince William County Public Schools announced that no change would be made to their mandates. In comments to WTOP on Sunday, Youngkin was clear he would push back against this.
“It is clear under law that parents have a fundamental right to make decisions for their children's upbringing, their education, and their care, and so we are providing parents an opt-out, providing them the ability to make the right decision for their child with regards to their child's well-being,” Youngkin declared. “We are going to use all the authority that I have to consider all options to protect that right.”
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In a statement to the Washington Examiner, Youngkin spokeswoman Macaulay Porter pressed, "The governor will consider all options available and all tools at his disposal to ensure parents can make decisions about their children’s upbringing, education, and care."
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Robert Eitel, President and co-founder of the Defense of Freedom Institute and a former Department of Education official, told the Washington Examiner that Virginia is currently experiencing a “clash of gubernatorial power and local control over school districts," also noting that school districts are relying on a state law that requires school districts to follow CDC guidelines in order to maintain in-person instruction as the justification for defying the executive order.
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Because the executive order simply requires schools to allow parents the option of sending their children to school without wearing a mask, Eitel announced that school districts that do not allow for an opt-out will likely be sued by parents with the support of Youngkin and state Attorney General Jason Miyares.
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Youngkin could also direct the Virginia Department of Education to withhold state funding from such districts who don't comply, likely setting up even more litigation, Eitel asserted. Fox News’s John Roberts reported Monday that Virginia Lt. Gov. Winsome Sears said the governor was considering that option.
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