Wednesday, February 16, 2022

Governor Youngkin Signs Senate Bill 739

Lawmakers in the Virginia General Assembly gave final approval to Senate Bill 739 (Dunnavant) and Governor Glenn Youngkin signed the bill into law Wednesday afternoon.

This legislation requires, except in the case of the 10 unscheduled remote learning days otherwise permitted by law or in certain cases of student discipline, each school board to offer in-person instruction to each student enrolled in the local school division in a public elementary or secondary school for the minimum number of required annual instructional hours.

The bill allows the parent of any child enrolled in a public elementary or secondary school, or in any school-based early childhood care and education program, to elect for such child to not wear a mask while on school property. The bill provides that no parent making such decision to be required to provide a reason or any certification of the child's health or education status and that no student shall suffer any adverse disciplinary or academic consequences as a result of this parental decision.

The bill includes additional language requiring each local school division to comply with the provisions of subsection C of § 22.1-2.1 of the Code of Virginia, as created by this act, no later than March 1, 2022.

VSBA encourages your Board to review Senate Bill 739 and consult with your school board attorney regarding questions on implementation of the provisions found in the legislation.