Victory for Students and Parental Rights as Virginia Legislature Passes School Mask Opt-Out Law
Virginia has arguably been ground zero over the past couple years for parents objecting to out-of-control school districts issuing objectionable policies on any number of subjects, from critical race theory to transgender identity policies to pornographic reading materials to downplaying sexual assault incidents in the schools.
And forcing students to wear masks as protection against COVID-19 was another policy that, added to other parental complaints, has even been credited with leading to the election of a governor in the Old Dominion who pledged to end such mandates. But when newly elected Governor Glenn Youngkin issued Executive Order Number Two (2022) on January 15 handing the right to make mask decisions for students back to their parents, it was immediately challenged in the courts. On February 4, a state judge ruled the executive order exceeded the governor’s authority.
But the Virginia legislature got involved as well and, following the judge’s ruling, amended a pending education bill, Senate Bill 739 (SB 739), to add language giving parents the right to opt out their children from any mask requirement on school property. The bill passed the Virginia Senate on February 9 by a vote of 21 to 17 and passed the House of Delegates by a vote of 52 to 48 on February 14.
The bill is now headed to Gov. Youngkin, who is expected to sign the bill and add an emergency clause, which will cause the law to become effective July 1.
“I am pleased that there is widespread and bipartisan support in Virginia for a parental opt-out of mask mandates in schools. Today, the General Assembly took a significant step for parents and children. After passing both chambers of the General Assembly, SB 739 will give parents a choice regarding their child’s health, education, upbringing, and care,” said Youngkin, as reported by NBC12.
Parental rights advocates celebrated the legislation, including Focus on the Family ally The Family Foundation of Virginia.
“We’re thrilled to see both the legislature and our Governor responding to parents who have been asking for the opportunity to make the decisions pertaining to their child as they see fit,” said Victoria Cobb, President of The Family Foundation of Virginia.
Parents looking to get more involved in their children’s schooling and who want to understand their rights and their children’s rights in the public schools should check out this free online resource from Focus on the Family.
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Fighting for the Next Generation: School Board Elections, Parental Rights and ‘The Washington Post’
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ABOUT THE AUTHOR

Bruce Hausknecht, J.D., is an attorney who serves as Focus on the Family’s judicial analyst. He is responsible for research and analysis of legal and judicial issues related to Christians and the institution of the family, including First Amendment freedom of religion and free speech issues, judicial activism, marriage, homosexuality and pro-life matters. He also tracks legislation and laws affecting these issues. Prior to joining Focus in 2004, Hausknecht practiced law for 17 years in construction litigation and as an associate general counsel for a large ministry in Virginia. He was also an associate pastor at a church in Colorado Springs for seven years, primarily in worship music ministry. Hausknecht has provided legal analysis and commentary for top media outlets including CNN, ABC News, NBC News, CBS Radio, The New York Times, the Chicago Tribune, The Washington Post, The Washington Times, the Associated Press, the Los Angeles Times, The Wall Street Journal, the Boston Globe and BBC radio. He’s also a regular contributor to The Daily Citizen. He earned a bachelor’s degree in history from the University of Illinois and his J.D. from Northwestern University School of Law. Hausknecht has been married since 1981 and has three adult children, as well as three adorable grandkids. In his free time, Hausknecht loves getting creative with his camera and capturing stunning photographs of his adopted state of Colorado.
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