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Arkansas Judge Pauses Ban on School Mask Mandates After Lawmakers Fail to Act

By Evie Blad — August 06, 2021 3 min read
Arkansas Gov. Asa Hutchinson takes off his face mask as he arrives for a daily coronavirus briefing at the state Capitol in Little Rock, Ark. on April 27, 2020. Hutchinson signed a bill in April banning statewide and local mask mandates in Arkansas, but he is now considering rolling back that law amid concerns of the highly transmissible Delta variant of COVID-19.
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As the state sees soaring rates of the highly contagious COVID-19 Delta variant, Arkansas school districts will—at least for now—be able to set their own local mask requirements.

A Pulaski County judge granted a preliminary injunction Friday pausing a state law that prohibits local officials, including school boards, from setting mask mandates. That order, made in response to a lawsuit by two public school parents, will put the law’s enforcement on hold while the court considers whether the law violates the state constitution.

Arkansas Gov. Asa Hutchinson signed the law, Act 1002, in April, but recently announced that he regretted it. As vaccination rates waned and hospitals filled in his state, Hutchinson declared a new public health emergency and called the legislature into a special session to give school districts the freedom to set their own policies.

The judge’s Friday ruling came hours after the Arkansas legislature ended that session after three days without taking any action.

The state’s debate comes as schools around the country wrestle with how to respond to the Delta variant. Eight states prohibit schools from setting mask mandates or from requiring masks without allowing students to opt out, according to Burbio, a website that has tracked schools’ responses to the pandemic.

In hearings this week, Arkansas lawmakers heard from opponents of mask mandates who shared misinformation about the virus and mitigation practices. One state lawmaker told a pediatric infectious disease physician who testified in favor of local mask mandates to do more research on treatments that have long been debunked by epidemiologists.

Parents who supported mask mandates said they feared their districts would be forced into sudden closures or large-scale quarantines if they couldn’t contain the virus’s spread. Last year, the state required masks in schools for most of the academic year, later leaving the decision to local school boards until the new law passed, tying their hands. Parents said they feared the Delta variant, and possibly more contagious strains, would spread more quickly.

In addition to the parent plaintiffs, two school districts have sued over Act 1002. They include Little Rock, one of the state’s largest, and Marion, a 4,000-student eastern Arkansas district where more than 800 students and 10 staff members have had to quarantine due to COVID-19 exposure a week after classes started earlier this month.

Even as they push for schools to reopen for in-person learning, federal officials have called for “layered mitigation strategies,” including mask wearing, to reduce the risk of transmission in buildings.

The Centers for Disease Control and Prevention called last week for universal mask-wearing in schools. The agency, which previously said vaccinated students may not need to wear masks, cited emerging research about the Delta variant. Masks help prevent the wearer from contracting the virus and, worn universally, slow spread among populations, case studies have found.

In calling the special session, Hutchinson said he was especially concerned about children under 12, who are not yet eligible to be vaccinated. After its conclusion, he tweeted that he was “disappointed” by the lack of action.

Pulaski County Circuit Judge Tim Fox issued the preliminary injunction pausing the ban Friday after attorneys for parent plaintiffs argued, among other things, that Act 1002 violated the equal protection clause by allowing private schools to set mask requirements while restricting public schools from doing so.

As states like Arkansas, Florida, and Texas have sought to prohibit local school mask requirements, other states are pushing schools to adopt more stringent virus mitigation practices.

In Virginia, for example, Gov. Ralph Northam has said that school districts will be in violation of state law if they do not require masks in compliance with CDC guidance.

School Mask Mandates at a Glance

This information is no longer being updated. The last data update was on May 23, 2022.

  • MASK MANDATE BAN IN EFFECT


    1. Florida

    On Sept. 22, Florida's surgeon general instituted a rule that gives parents and legal guardians "sole discretion" over masking in schools. On Nov. 5, a judge sided with the state health department in a legal challenge to rule. On Nov. 18, Gov. DeSantis signed a bill that allows parents to sue school districts that require masks.

    2. Georgia

    On March 29, Gov. Kemp signed the “Unmask Georgia Students Act” which allows parents to exempt their child from a school mask requirement. The law went into effect immediately.

    3. Iowa

    On Sept. 13, 2021, a federal judge ordered Iowa to halt enforcement of its law banning mask mandates in schools. On Jan. 25, 2022, a federal appeals panel narrowed that injunction. Iowa’s attorney general announced the state is not enforcing the ban while awaiting further action from the court. On May 16, 2022 a U.S. Court of Appeals lifted the injunction.

    4. Oklahoma

    On Sept. 1, an Oklahoma judge temporarily blocked the state law banning school mask mandates, but students or their parents can still opt out of school mask mandates if they choose.

    5. Utah

    In Utah, local health departments can issue 30-day school mask mandates with approval from the state or county government, according to the state’s top education official.

    6. Virginia

    On Jan. 15, Gov. Youngkin issued an executive order allowing parents to opt their child out of any school mask mandate. It effectively rescinded the state's school mask requirement that had been in place since August. That executive order was later halted by a judge. On Feb. 14, the Virginia legislature passed a measure that bans school mask mandates. That bill was signed by the governor on Feb. 16 and went into effect on March 1.

    MASK MANDATE BAN BLOCKED, SUSPENDED, OR NOT BEING ENFORCED


    1. Arizona

    On Sept. 27, a judge in Arizona blocked the state laws banning mask mandates that were set to take effect on Sept. 29. On Nov. 2, the Arizona Supreme Court upheld that ruling. On April 25, Gov. Ducey signed HB2616, which prevents schools from requiring a student to wear a mask without first getting parental consent. The ban, which replaces the one blocked by the courts, will go into effect 90 days after the legislature adjourns.

    2. Arkansas

    An Arkansas judge ruled on Dec. 29, that a law signed by the governor in April that prohibited local officials, including school boards, from setting mask mandates was unconstitutional. School districts have been able to set their own mask requirements since August when the judge put the law on hold.

    3. South Carolina

    On Sept. 28, a federal judge suspended South Carolina from enforcing the rule that banned school districts from requiring masks for students.

    4. Tennessee
    5. Texas

    On March 17, an appeals court upheld an injunction that blocked Gov. Abbott's executive order banning mask mandates in schools, finding it is unlawful and exceeding the governor's authority. This is not the first time the state's ban has been halted by a judge.

    MASK REQUIREMENT IN EFFECT


    1. Hawaii

    Although Hawaii's state-wide indoor mask mandate ended on March 25, indoor masking will still be required in public schools at least through the summer.

    PREVIOUSLY HAD MASK REQUIREMENT


    1. California

    On Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.

    2. Connecticut

    On Feb. 7, Gov. Lamont announced that the school mask rule would expire Feb. 28. He signed a bill on Feb. 15 that made the expiration date official.

    3. Delaware

    On Feb. 7, Gov. Carney amended his emergency order to allow his state-level school mask requirement to expire March 31. On Feb. 28, he announced that masks would no longer be required effective at 6:00 p.m. on Tuesday, March 1.

    4. District of Columbia

    On March 8, the department of health released updated guidelines that recommend universal masking only when community COVID-19 levels are high.

    5. Illinois

    On Feb. 5, a judge issued a temporary restraining order on the governor's statewide mask requirement. On Feb. 25, the state supreme court vacated that order. On the same day, the governor announced he would lift the requirement on Feb. 28.

    6. Kentucky

    Kentucky's school mask mandate ended in September, when the state legislature voted to limit the governor’s emergency powers.

    7. Louisiana

    According to a State of Emergency proclamation issued Nov. 23, which was extended on Jan. 19, students were required to wear masks in schools, but districts could opt out of the mandate if they adopted an isolation and quarantine policy consistent with the state's department of health protocols. On Feb. 16, Gov. Bel Edwards extended the order without requiring masking in schools.

    8. Maryland

    On Jan. 5, the mask mandate was extended for 180 days, but allowed school districts to opt out if certain vaccination rates were met. On Feb. 22, the state board of education voted to rescind the mandate. On Feb. 25, a state legislative committee gave final approval to lift the mandate effective March 1.

    9. Massachusetts

    On Sept. 27, the state began allowing schools to apply for a waiver from the face covering rules for vaccinated individuals if certain vaccination rates were met. On Feb. 9, officials announced the statewide mask requirement for K-12 schools would be lifted on February 28.

    10. Nevada

    On Feb. 10, Gov. Sisolak announced the immediate suspension of the school mask requirement. The previous mask requirement had only applied to counties with populations of 100,000 people or more.

    11. New Jersey

    On Feb. 7, Gov. Murphy announced plans to end his state’s school-mask requirement on March 7.

    12. New Mexico

    On Feb. 17, Gov. Grisham announced the end of the mask requirement, effective immediately.

    13. New York

    On Jan. 24, a judge struck down the state's mask mandate. A day later, an appeals judge restored the mandate. On Feb. 27, Gov. Hochul announced the mandate would be lifted on March 2.

    14. Oregon

    On Feb. 7, health officials said the state would drop its school mask requirement no later than March 31. On Feb. 24, the Oregon Health Authority announced the requirement would lift on March 19. However, on Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.

    15. Pennsylvania

    A statewide mask mandate for Pennsylvania schoolchildren was thrown out by the state Supreme Court on December 10.

    16. Rhode Island

    On Feb. 9, Gov McKee announced the school mask mandate would only remain in effect until March 4. On Feb. 15, he signed an executive order specifying that the order would take effect at 5 p.m. on March 4.

    17. Virginia

    On Jan. 15, Gov. Youngkin issued an executive order allowing parents to opt their child out of any school mask mandate. It effectively rescinded the state's school mask requirement that had been in place since August. That executive order was later halted by a judge. On Feb. 14, the Virginia legislature passed a measure that bans school mask mandates. That bill was signed by the governor on Feb. 16 and went into effect on March 1.

    18. Washington

    On Feb. 17, Gov. Inslee announced the state's school mask requirement will end effective March 21. However, on Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.

  • NOTES
    In January 2022, the Missouri attorney general, Eric Schmitt, sued some school districts that required masks, citing a November ruling by a county judge that said local health orders tied to COVID-19 were illegal. (The ruling was interpreted differently by different districts.) The state’s treasurer announced he would also crack down on schools with mask mandates. In mid-March, Schmitt began dropping lawsuits against school districts that no longer required masks. On May 19, 2022 Schmitt announced new lawsuits against several districts that had reinstated mask requirements.
    On Feb. 23, 2022, New Hampshire’s governor announced the state was no longer recommending universal indoor masking and therefore schools have to end mask mandates, arguing they violate state education department rules. Soon after, the department advised districts that the mandates “are inconsistent with” their rules. There’s disagreement over whether districts still have the authority to require masks, but at least one district changed its policy in response. A bill that would have banned mask mandates was vetoed by Gov. Sununu in May 2022.
    Updated 5/23/2022 | Sources: Local media reports, Education Week reporting | Learn more here

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