The order is limited to the 12 families who sued in Charlottesville federal court, whose children attend 10 different school districts in Virginia and range from preschool to 11th grade.
The ruling includes schools in the state’s largest districts, Loudoun and Fairfax. Judge Norman K. Moon emphasized repeatedly, though, that he is not undoing state law and an executive order that makes masks optional. His order is limited to the 12 families who sued in Charlottesville federal court, whose children attend 10 different school districts in Virginia and range in age from preschool to 11th grade.
Virginia Attorney General Jason Miyares said in a statement that the ruling “affirms that … parents have the right to make choices for their children.” The Virginia ACLU had argued in its suit that making masks optional in public K-12 schools violates federal disability law because it puts vulnerable children at risk, denying them their right to a free, appropriate public education. It was filed in federal court in Charlottesville, and the plaintiffs are parents of 12 students with conditions including asthma, Down syndrome, cystic fibrosis, cancer and diabetes — all of which put the children at higher risk for coronavirus infection.
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