RICHMOND, Va. — Virginia Gov. Glenn Youngkin signed a bill Wednesday allowing parents to opt-out from school mask mandates in what he described as a "decisive victory for parents and kids across the Commonwealth."
Youngkin signed Senate Bill 739 on the steps of the Virginia State Capitol while surrounded by supporters, fulfilling a day one promise the Republican governor made.
It passed the Virginia Senate with bipartisan support, but only had Republican support in the House of Delegates.
The law codifies what Youngkin sought to do with Executive Order 2, which faced legal challenges from several groups arguing that it violated laws already on the books.
"My strong hope is that this will put everything to bed and that will recognize that we now have a law of the land," Youngkin said.
Senate Bill 1303, which became law in 2021, requires local school boards to follow federal COVID-19 guidelines "to the maximum extent practicable."
On Feb. 4, an Arlington County judge temporarily halted the order, siding with seven school boards — Alexandria, Arlington County, Richmond, Fairfax County, Falls Church, Hampton and Prince William County — that filed a lawsuit against it.
Youngkin said he believes parents have a fundamental right to decide what’s best for their children.
“If they like their child to wear a mask, then their child can wear a mask," Youngkin said. "And if they think the best thing for their child is not to wear a mask, then they don’t have to wear a mask.”
For students like Bronagh McAllister, a fourth-grade student suspended for not wearing a mask, the new law is welcomed.
“I’m very thankful that Governor Glenn Youngkin signed the bill," McAllister said.
Around the time Youngkin signed the bill Wednesday, the Democratic Party of Virginia shared a tweet criticizing it.
"School divisions continue to face the ongoing effects of this pandemic—we should be empowering our school boards to be nimble and meet the needs of our students," the Democratic Party of Virginia tweeted. "Instead, Governor Youngkin has chosen to strip them of their constitutional responsibilities and tie their hands."
The Virginia NAACP also criticized the law, encouraging children to wear masks at school and on school buses.
"The lack of consideration for our Commonwealth’s youth, the blatant disregard to the disproportionate impacts that COVID-19 has on our communities, but especially our most vulnerable, our children, is one that cannot be taken lightly, nor will it be forgotten," the Virginia NAACP said in a statement.
Senate Bill 739 takes effect immediately, but school districts have until March 1 to comply.
The law also limits remote learning days to certain conditions, such as severe weather or other emergencies that could disrupt in-person attendance.