Debate on School Mask Mandates Dominates 2nd Week of Session

Sunday, January 23, 2022

Dear Friend,

Governor Youngkin issued an Executive Order, effective Monday, January 24, that revoked the mask mandate in public schools. Virginia law requires school divisions to provide in-person instruction in adherence to applicable Covid-19 mitigation strategies recommended by the Centers for Disease Control. Updated CDC K-12 school guidance for the 2021-2022 school year recommends that masks be worn in schools. Dr. Rochelle P. Walensky, Director of the CDC, issued this statement:

“Safe in-person instruction gives our kids access to critical social and mental health services that prepare them for the future, in addition to the education they need to succeed. These updated recommendations provide the evidence-based road map to help schools reopen safely, and remain open for in-person instruction.”

As you might expect, as a result of this executive order there is considerable confusion in school communities and there is a pending lawsuit before the Virginia Supreme Court arguing that an Executive Order cannot override an adopted law. Since that case has not yet been resolved, Governor Youngkin has released a statement asking parents to “listen to their school principals” regarding the mask mandate issue.

Until a large portion of students can be immunized and boosted and transmission rates decline, mask wearing is an effective safety measure. We all want our schools to stay open and life to return to normal. It is my hope that the percentage of vaccinated Virginia children between the ages of 5 and 11 will soon substantially increase. Right now, only about 1/3 of Virginia’s children in this age cohort are vaccinated, whereas over 71% of Virginia children between the ages of 12-17 are vaccinated.

A Bumpy Start for the Youngkin Team - The Youngkin Administration is still learning about state government and the role of the General Assembly. Governor Youngkin has been issuing executive orders in an effort to ignore or change policies in statute that he does not support. Of course, legal experts tell us that state law cannot be changed by executive order. The most recent executive order that ignores statutory language is the change in name and focus of the Office of Diversity, Equity and Inclusion. The name and a number of responsibilities for this office were enshrined in statute. Governor Youngkin is attempting to rename the office to be the Office of Diversity, Opportunity, and Inclusion and to include an “emphasis on the unborn.” Of course, we are not sure what all this means, but I can assure you that the protections Virginia has in place so that women can access safe and legal abortion care cannot be overturned by executive order. 

Helping Our Hospitals & Expanding Access to Care - I may have the most bi-partisan bill in the General Assembly this year. My bill would codify Governor Northam’s Emergency Order that allowed hospitals, dialysis centers, and nursing homes to hire out-of-state doctors and medical professionals who are in “good standing” and issue them a provisional 90 day license until a permanent license can be issued. The bill also directs the Bureau of Health Professions to issue medical licenses within 20 days with states surrounding Virginia if those states enter a reciprocal agreement with Virginia. This bill has passed, unanimously, out of the subcommittee and the full committee that heard it. I am expecting the bill to pass the Senate next week with 40 Senators voting for it. It was very rewarding to garner bi-partisan support on such an important issue.

Rehabilitation and Social Services Committee: Prison Reform & Safety Net Programs

Efforts to Overturn Criminal Justice Reform Policies - I chair the Rehabilitation and Social Services Committee, which has oversight over jail and prison operations, among other responsibilities. In the special session just a few months ago, Senator Boysko carried legislation that established a comprehensive sentence crediting program. If offenders participate in education and training classes and maintain a good behavior record, they will be able to reduce their prison sentence.

Although Virginia had a minimal sentence crediting program before Senator Boysko’s legislation, her legislation implemented a “best practices” model and extended the program to convictions for categories of offenses that had previously been excluded from the program. As you might expect, one of the first pieces of legislation to come before my committee this session attempted to repeal the new sentence crediting program. The Democrats stayed together and defeated this legislation in an 8-7 vote. Unfortunately, this will not be the last piece of legislation that will attempt to undo the progress we have made in the criminal justice reform arena.

One Step Forward on Banning Solitary Confinement - I am working with Senator Joe Morrissey on this issue. Senator Morrissey is a former prosecutor and progressive lawmaker who feels strongly that solitary confinement should only be used in the rarest of cases and for limited time periods. We visited the Coffeewood Correctional Center for Men located in Culpepper County to learn first-hand about prison operations and the use of “restrictive housing,” the term the Department of Corrections uses to describe solitary confinement. I ensured that mental health evaluations and mental health services were part of our new legislation to ban solitary confinement. This bill passed out of the Rehabilitation and Social Services Committee, but had to be re-referred to the Finance & Appropriations Committee. A similar bill passed the committee during special session, but never came out of the Finance & Appropriations Committee. I am hoping that this session's bill can gather some momentum. A big “shout out” goes to the Social Action Linking Together (SALT) Coalition for making prison reform a priority and for elevating the devastating consequences solitary confinement has on an individual’s well-being.

Foster Care Prevention Program - I am proud to say that the Rehabilitation and Social Services Committee passed my Foster Care Prevention Program. This idea had been percolating in the Department of Social Services for two years, but a workgroup had to identify the various federal and state funding streams that could be available to support relatives or fictive kin who were caring for a child on a long-term basis. In cases where children would likely be removed from their biological parents, studies show they are more apt to flourish when they are placed with a relative or fictive kin. I sincerely hope that the Finance & Appropriations Committee can supplement the small federal stipend available to these families with state dollars. This is an investment that will pay dividends for years to come.

Expanding Child Care - I am working with tenant advocates and a statewide child care coalition to prevent landlords from prohibiting the provision of child care services through rental leases in multi-family units. My bill would allow an individual to provide child care in his/her apartment to other families within the building. Of course, the child care provider would have to meet all existing health and safety standards required of home care providers, but opening up this opportunity would be a great service for many families. 

Additionally, I have submitted a budget request to allow individuals to receive child care subsidies for up to 72 months if they meet certain income requirements; and those who are looking for work would be included in this request. I am also requesting that American Rescue Plan Act dollars be used to continue to provide child care subsidies for families making up to 85% of the state median income (the SMI is $60k); and parents looking for work are also included in this request.

Climate Change Mitigation: A Green Building Initiative - I am working on two bills that would require new or substantially renovated public buildings to meet certain energy efficiency standards. Moreover, my legislation would require solar-ready roofs to be used as a tool for achieving energy efficiency standards. With the help of the Sierra Club and others, I am expecting to be able to apply the solar roof requirement to public school buildings. Many of us are very excited about the inclusion of school buildings in this “Green Building” Initiative because significant federal dollars are being disbursed through the state for school renovations, particularly for new HVAC systems. The earmark for new HVAC systems was the result of my efforts during the special session and these dollars can be used for new roofs. I am very committed to establishing a grant program using ongoing state funding sources to support school construction. Stay tuned for updates on this important topic.

Thank you for staying in touch and reading my updates. It is an honor and privilege to represent you in Richmond. Stay safe.

Sincerely,