Two California School Districts Defy State ‘Requirement,’ Make Masks Optional for Students – Opinion

Over the last three weeks protests against California’s school mask mandate have grown exponentially, and the response from administrators has generally been horrible – from “barricading” high school students in a gym, to leaving elementary school students alone and without a coat outdoors to do their schoolwork, to telling parents that if they drop their children off at school without a mask CPS would be called for child abandonment.

The excuse used by administrators is that their hands are tied by the California Department of Public Health’s “requirement” that students in all K-12 schools in the state wear masks (pulled up over their noses) indoors. CDPH does not have the authority to make exceptions or enforce this requirement. As I wrote two weeks ago, a handful of districts had informally made masks optional but hadn’t written out the policy because they feared the wrath of the California Department of Education, CalOSHA, and CDPH.

The state’s indoor mask mandate expired February 15 – except in schools. According to Dr. Mark Ghaly, California’s HHS Secretary, the state agencies need at least two weeks to “prepare” for the change. He responded to parental outrage following the Super Bowl in Los Angeles, where 70,000 people defied the state’s mask laws.

“Today, a change isn’t being made but in two weeks, confirming that the data continues to be where it is, taking the time to prepare and work with the school community and communities-at-large, we anticipate making the change,” Ghaly said.

Two California school districts are now changing their policies on student masking in the face of protests that have grown louder. El Dorado Union High School District announced a “Significant Change in Student Masking Enforcement” through a February 15 press release.

El Dorado Union High school District has made a major change to its enforcement of face-covering protocols, following the removal of the state indoor mandate and improvements in El Dorado County.

This is a difficult situation that we are in.

So we have changed our protocols for masking enforcement. Students will be instructed to wear masks and asked not to be excluded from classes.

We will not stop trying to obey the law. We are warned by our school liability carrier that any action we take to ignore State guidance will make us liable. This is because we live in an extremely litigious society and have no legal protection. We will not be held responsible for the willful violation of California Department of Public Health by our school liability carriers.

The district is carefully wording its policy to make clear that they are only changing their method of enforcement and technically it’s still a requirement for students to wear masks due to their fear of being sued by parents whose students allegedly get COVID at school due to students not wearing masks.

The protest prompted the actions:

Roseville Joint Unified Secondary School District officials decided last week that the district would end its mask mandate, effective February 15. That district’s superintendent says they’re in the clear legally, though:

“Be it further resolved by the Roseville Joint Union High School District Board of Trustees recommends, regardless of vaccination status, personal and parent choice with respect to whether or not children, staff and teachers should wear face coverings while at school commencing when the state indoor mask mandated is lifted,” the resolution said.

The Roseville policy states that masking is a “choice for students,” Superintendent Becker said in an email. “We have been legally advised that (the health department) does not require that individuals, such as teachers or school staff, enforce the mandate and therefore, cannot be held liable,” he added.

Most districts are asking parents to direct their ire at the state and not individual districts, because the state isn’t allowing local autonomy. El Dorado Union High School District’s press release closed with:

As we try to be the best we can, we ask you for your support. We aren’t allowed any local control. Sacramento has all decision-making authority. The Board of Trustees, as a school districts, does not have legal authority to alter, change or overturn State laws. Although we are aware that the masking guidelines will likely change in coming weeks, enforcement of these requirements will be immediately changed.

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