In a settlement with the parents of 12 students with disabilities, the State of Virginia ruled that peer masking in K-12 schools was a reasonable amendment under the Americans with Disabilities Act of 1973 and the Rehabilitation Act of 1973. admitted to be
The settlement followed an appeal by the administration of Republican Governor Glenn Youngkin. March decision By U.S. District Judge Norman Moon. That ruling found that parents can ask schools to require a certain level of masking. presidential decree and a law known as Senate Bill 739 that made mask-wearing optional in public schools during the COVID-19 pandemic.
“The governor will resolve this case in a way that will ensure that parents retain their right to state law dictating whether their child should wear a mask while protecting the federal rights of students with disabilities. We are pleased to support Attorney General Jason Miyares spokesperson.
As part of the settlement, the Virginia superintendent sent a “Dear Colleague” letter interpreting the decision to the superintendent of each school district where the 12 students attend, and posted the letter on the Virginia Department of Education website. must be published in
“SB 739 also [Executive Order] 2 as a reasonable modification under the ADA or the Rehabilitation Act, prevents parents from requesting the required amount of masking,” the letter reads. SB 739 and EO 2 do not prohibit such amendments if they are reasonable amendments necessary to satisfy the ADA and Rehabilitation Act rights of students with disabilities.”
The letter also states that schools must work with students and their parents to determine whether some degree of masking is necessary to meet federal regulations, and that schools must identify persons with disabilities because of the need for peer masking. He said students should not be quarantined.
Students’ parents are represented by the American Civil Liberties Union in Virginia. Washington Lawyers Commission. Brown, Goldstein & Levy company. Disability Law Center of Virginia. and Arnold & Porter.
Eden Heilman, General Counsel for ACLU in Virginia, said: statement.
The settlement still has to be approved by the court.
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