Connect with us

State News

Virginia parents, Youngkin administration settle lawsuit over masks and students with disabilities

Published

on

The Commonwealth of Virginia acknowledged in a settlement with parents of 12 students with disabilities that peer masking in K-12 schools is a reasonable modification under the Americans with Disabilities Act and Rehabilitation Act of 1973.

The settlement followed an appeal by Republican Gov. Glenn Youngkin’s administration of a March decision by U.S. District Court Judge Norman Moon. That ruling found the parents could still request that their schools mandate some level of masking despite an executive order and legislation known as Senate Bill 739 that made mask-wearing optional in public schools during the COVID-19 pandemic.

“We are pleased to assist the governor in settling this case in a way that protects the federal rights of students with disabilities while ensuring that parents retain the state-law right to decide whether their children should wear a mask,” said Victoria LaCivita, a spokesperson for Attorney General Jason Miyares.

As part of the settlement, Virginia’s Superintendent of Public Instruction must send a “Dear Colleague” letter interpreting the decision to the superintendent of each school division where the 12 students attend school and publish the letter on the Virginia Department of Education’s website.

“Neither SB 739 nor [Executive Order] 2 pose any obstacle to a parent requesting some amount of required masking as a reasonable modification under the ADA or Rehabilitation Act,” the letter reads. “And if some amount of required masking is a reasonable modification necessary to satisfy the ADA and Rehabilitation Act rights of a student with disabilities, SB 739 and EO 2 do not prohibit this modification.”

The letter also notes schools must work with the students and their parents to determine whether some masking is necessary to satisfy federal regulations. Schools must not segregate students with disabilities because of their need for peer masking.

The parents of the students are represented by the American Civil Liberties Union of Virginia; the Washington Lawyers’ Committee; the firm of Brown, Goldstein & Levy; the disAbility Law Center of Virginia; and Arnold & Porter.

“We’re hopeful that every school in Virginia will view this settlement as a sign that they should make similar accommodations for their students, even if they are not part of the case,” said Eden Heilman, legal director for ACLU of Virginia, in a statement.

The court must still approve the settlement.

 

by Nathaniel Cline, Virginia Mercury


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Front Royal, VA
61°
Sunny
6:50 am5:03 pm EST
Feels like: 61°F
Wind: 7mph S
Humidity: 42%
Pressure: 30.03"Hg
UV index: 2
WedThuFri
70°F / 46°F
59°F / 41°F
50°F / 36°F
Interesting Things to Know4 hours ago

That Flashing Orange Hand Doesn’t Mean Run: What Pedestrian Signals Really Mean

Food5 hours ago

The Secret to Perfect Snickerdoodles?

Local News19 hours ago

Nationwide Emergency Alert Test Set for November 17: What to Expect on Your TV and Radio

Obituaries19 hours ago

Kathy McDonald Butler (1973 – 2026)

Health19 hours ago

UVA Researchers Develop Powerful AI Tool to Help Unlock Causes of Disease and Speed New Treatments

Community Events19 hours ago

Samuels Public Library Holiday Open House Brings Santa, Mini Alpaca, and New Youth Gift Market December 12

Local News20 hours ago

Would You Drive With Your Eyes Closed? Virginia DMV Launches Powerful New Distracted Driving Campaign

Community Events21 hours ago

Mead Mile Takes a Turn Towards Youth-Oriented Community Nonprofit ‘Reaching Out Now’ for 2026 Event Fundraising

State News21 hours ago

Virginia Could Lose Representation, Funding Under Proposed Census Rule Change, AG Jones, Housing Orgs Say

State News21 hours ago

Virginia Localities Rethink Use of License Plate Readers Amid Privacy Concerns, Report States

Opinion22 hours ago

Commentary: After the Blue Tsunami, Democrats in Virginia, Nationwide Should Avoid Misinterpreting Their Mandate

Community Events22 hours ago

Cars Changing Lives Car Show Breaks Attendance Record as Organization Nears 100th Vehicle Giveaway

National News23 hours ago

GOP Congress Faces Funding Deadline, Farm Bill, Lengthy To-Do List in Year-End Session

Health1 day ago

The Childhood Illness That Looks Like Slapped Cheeks: What Parents Should Know About Fifth Disease

Interesting Things to Know1 day ago

Unmarked Police Car Pulling You Over? Here’s What Drivers Should Know

Local News2 days ago

Their Military Service Ended, But Their Commitment to Serving Others Never Did

Interesting Things to Know2 days ago

Route 66 Turns 100: The Highway That Became America’s Mother Road

Local Government3 days ago

Front Royal Calls for Voluntary Water Conservation as Shenandoah River Levels Drop Again

Community Events3 days ago

Salvation Army Kicks Off Red Kettle Campaign in Front Royal, Calling on Community to Ring the Bell

Historically Speaking3 days ago

Constitution 101: Intellectual Property Clause

Obituaries3 days ago

Charles Frederick “Chucki” Henry II (1963 – 2026)

Local News3 days ago

After 164 Years, Young Civil War Soldier Finally Laid to Rest at Arlington National Cemetery

Health3 days ago

The Cheapest Medicare Plan Could Cost You More: Three Things to Check Before December 7

Interesting Things to Know3 days ago

Can Sound Waves Put Out a House Fire? Startup Says Its Technology Could Replace Sprinklers

Local News4 days ago

VDOT: Warren County Traffic Alert for Nov. 9 – 13, 2026