Republican Virginia Governor Glenn Youngkin is facing legal challenges over his executive order, one of his first acts after being sworn in on January 15.
The executive order aimed to let parents opt out of school mask mandates and took place January 24, according to the Associated Press. Confusion now surrounds the order, as some districts interpret the order as pushing back on a Virginia state law that deals with COVID-19 mandates in schools.
Youngkin faces legal challenges as parents filed a petition last week and seven school boards filed a lawsuit on January 24.
"The governor and attorney general are in coordination and are committed to aggressively defending the parents' fundamental right to make decisions with regard to their child's upbringing, education and care, as the legal process plays out," Macaulay Porter, Youngkin spokesperson, said in a statement to the AP.
The seven districts seeking legal challenge are Alexandria, Arlington County, Fairfax, Falls Church, Hampton, Prince William County and Richmond. They represent 350,000 students together. The lawsuit argues the state constitution gives local school boards authority to run their districts, according to the AP. There is also a state law requiring schools to follow federal health guidelines, which includes universal masking.
Fairfax County Public Schools Superintendent Scott Brabrand hopes the lawsuit from schools will allow a swift resolution and believes a mask mandate is a necessary public health measure.
"It is imperative that decisions about education and school safety are made locally in order to champion the best interests of our students and community," he said.
In a press release Monday, according to Fox News, the school boards said, "This legal action centers on fundamental questions about the framework of public education in Virginia, as set out in the Virginia Constitution and by the General Assembly. Today's actions are not politically motivated. These seven school divisions would welcome the opportunity to collaborate with the governor to ensure the safety and welfare of all students."
The lawsuit also states, "At issue is whether locally-elected school boards will maintain the exclusive authority and responsibility conferred upon them by Article VIII, Section 7 of the Constitution of Virginia to supervise the public schools in their respective school divisions or whether the Governor can unilaterally infringe upon that authority through an executive order."
The Virginia Supreme Court took no action with the parents' petition last week, and it is unclear if they will with the school district lawsuit.
"Youngkin is quickly on his way to becoming the most divisive and authoritarian governor in our commonwealth's long history," said Senator Mamie Locke at a news conference.
Virginia, as of January 24, has seen nearly 1.06 million confirmed COVID-19 cases and more than 13,000 confirmed COVID deaths, the majority of which were reported in Fairfax County, according to the Virginia Department of Health. There have been 535 million vaccination doses given, with 13.9 million of the Virginia population fully vaccinated, according to the Virginia Department of Health.