Federal court: Parents who filed lawsuit against Virginia optional mask law can request accommodations - 13newsnow.com WVEC
NORFOLK, Va. — A federal court just decided that Virginia's new law that made school masks optional will stand, but, a group of parents who asked for additional precautions has the right to request them.
The case goes back to February when a group of parents filed a suit claiming the new maskless environments would either cause their children -- who have various disabilities -- irreparable harm or lead to them being excluded from public education.
The Americans with Disabilities Act (ADA) and Rehabilitation Act make sure people can't be discriminated against because of their disabilities, and make sure the government provides reasonable accommodations to make sure they get the same opportunities as everyone else.
Schools receive federal funding, which means the ADA and Rehabilitation Act apply there.
The group of Virginia parents referenced both acts in the suit. They said their children wouldn't get the same opportunities as other kids if schools didn't require face masks during the COVID-19 pandemic.
Specifically, they supported their claim that "exposure to COVID-19 places [their children] at heightened risk of severe illness or death."
The federal court agreed, but laid out some limits.
For starters, the acts only allow these parents to ask their school divisions for some required masking. It doesn't necessarily mean the school divisions have to agree.
The schools have to decide that change would be reasonable, which would be a case-by-case decision.
Furthermore, the court said this avenue would only be open for the 12 families involved in the lawsuit. It wasn't a class-action suit, so the results won't be applied generally.
"Plaintiffs are not harmed by the absence of mask requirements at schools their children do not attend," the opinion reads.
The American Civil Liberties Union represented the 12 parents in the case.
In a Wednesday night statement, the organization said, "We will have more to say tomorrow. For now, we are glad the court agreed: No student should have to risk their lives to go to school."
source: https://www.13newsnow.com/article/news/health/coronavirus/federal-court-parents-who-filed-lawsuit-against-virginia-can-request-mask-accommodations/291-d4063c6f-3927-4f12-8fbb-0cb35c1e34a8
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