“settlement clarifies that parents of disabled children can request that the students’ peers be required to wear masks”
Some people are just determined to keep the pandemic going, no matter what.
FOX News reports:
Virginia students in certain schools could be required to wear masks despite Gov. Glenn Younkin’s mandate ban
Disabled students can request that their peers be required to wear masks in class in 12 Virginia schools after a group of parents filed and won a lawsuit challenging Virginia Governor Glenn Youngkin’s executive order that ended the statewide school mask mandate in favor of parents choosing to mask or not to mask their children.
Parents at 12 schools filed a lawsuit in February to challenge an executive order from Gov. Glenn Youngkin as well as a new state law giving parents the right to exempt their children from mask mandates that were in place at schools at the time.
The parents who sued said that under the federal Americans with Disabilities Act, requiring masks is a “reasonable accommodation” for students at high risk of complications from COVID-19.
In a ruling on Wednesday, the Commonwealth affirmed that students wearing masks is a “reasonable accommodation” to protect a child with disabilities, as part of a settlement in the Seaman et al. vs. Commonwealth of Virginia et al. lawsuit.
The settlement clarifies that parents of disabled children can request that the students’ peers be required to wear masks.
The school district then is required to engage in an “interactive process” to determine whether peer masking is necessary. The settlement says schools can also consider alternatives solutions like social distancing, ventilation improvements, and teachers wearing masks.
“This pandemic has been hard on everyone. It’s been especially hard for medically complex children, children with disabilities, and those at high risk for COVID-19. This settlement is a step toward righting a wrong. Children like mine should not be told they cannot participate safely in school or that they have to be segregated. They have a right to the same education as every other child. As adults, it’s our responsibility to make sure that we include everyone in our decisions and come up with solutions that provide equity in school,” Tasha Nelson, a plaintiff parent, said in a statement.
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