12 Virginia Families With Children With Health Conditions Can Ask Schools To Require Masks – NBC4 Washington

WASHINGTON – A federal judge has ruled that 12 families of children with disabilities and health conditions in Virginia can ask their children’s schools to require the use of masks, while the case moves through the courts.

The magistrate indicated that the policies for the optional use of face masks in state schools violate the rights of children. The judge’s decision does not eliminate or preempt Virginia state law or Governor Glenn Youngkin’s executive order that allows parents to choose whether or not their children wear masks in institutions, however, it does allow schools to issue rules on the subject without being penalized.

Some parents of children with conditions like cancer, cystic fibrosis or weakened immune systems say Virginia’s ban on mask mandates leaves their children vulnerable to serious illness if they contract COVID-19. Families say they need some kind of mask mandate so their children can attend their campuses safely.

On Wednesday, District Judge Norman K. Moon granted a preliminary injunction allowing such families to ask their children’s schools to issue mask requirements. Schools can adopt the petition without being penalized by the state, Judge Moon ruled, arguing that federal legislation, including the Americans with Disabilities Act, “requires that schools be able to consider and give students with disabilities reasonable modifications that are applicable to other state or local laws.”

The judge added that families could face “irreparable” harm if he did not grant the temporary petition over the state’s mask policy.

Four of the families involved in the lawsuit are from Northern Virginia. Their children attend schools in Fairfax, Loudoun counties and the city of Manassas. The other school districts affected by the litigation are in Albemarle, Bedford, Chesapeake, Chesterfield, Cumberland, Henrico and York counties.

Most of the schools involved are primary or secondary.

This is a developing story. In our Telemundo 44 Newscasts at 5p, 6p and 11p we will have the latest updates.

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