(Updated at 12:45 p.m.) Superintendent Francisco Durán says Arlington Public Schools should hit the “pause” button on its Virtual Learning Program for next school year.

He’ll deliver this evaluation to the School Board during its meeting tonight (Thursday).

“The recommendation is to pause the program for next school year, as we take the time necessary to build a comprehensive virtual option program that will be sustainable and serve the needs of students who thrive in the virtual setting, for the long term,” APS Chief of School Support Kimberley Graves said in an email to families sent yesterday (Wednesday).

APS set aside $10.5 million in federal pandemic relief funds to create an in-house virtual option last summer for families with health and safety concerns about in-person learning as well as those waiting for the vaccine and those whose kids preferred online school.

Today, the VLP serves some 420 students, mostly children of color and many of whom have a disability, are economically disadvantaged students or are English-learning.

It got off to a rocky start due to severe staff shortages, and was plagued by issues related to communication, leadership turnover, teacher treatment and a lack of needed resources. By December, with enrollment dropping, rumors swirled that the program could come to an end — despite a mid-year update on the effort to aright it. Last month, administrators again reported progress, but did not address the speculation about the VLP’s future.

The proposed pause depends on a School Board vote scheduled for Thursday, Feb. 17. APS will hold a virtual town hall this month to address families’ questions and concerns, and staff will help students transition back to their home schools.

But APS is signaling that it’s open to running a virtual program long term. Graves said families will have opportunities to join a task force led by VLP Principal Danielle Harrell to develop a framework for a future virtual option.

Meanwhile, students may continue with virtual instruction through the state’s online learning platform, Virtual Virginia, if they or a family member has a medical condition that complicates going to school every day. APS staff will supplement whatever Virtual Virginia courses don’t cover and will support students during the transfer to their home schools.

“The success and well-being of your student(s) through the remainder of this school year, and throughout the transition back to in-person school at their school of record for the 2022-23 school year, are our priority and are the priority of our administrators and staff,” Graves said.

A special-education teacher told ARLnow that VLP staff were told they would be given priority for jobs within APS. She’s skeptical that a scheduled job fair for VLP staff will work for most teachers’ schedules, however.

A second grade teacher told ARLnow she feels betrayed by the decision.

“I’ve worked tirelessly over nights, weekends, and holidays to ensure my students have the best learning experience,” she said in an email. “Teachers came together to fight for this program every day, while having to welcome in new students on a consistent basis.”

She said teachers organized virtual events, field trips and after-school programs, spent hours creating content and bought their own programs, subscriptions and technology “so that our students never felt the inequities that were inevitably placed on them.”

“When there were staff shortages, we covered each other without extra pay. We skipped our personal lunch to eat with our students, missed prep periods, and took over classes without subs day in and day out to ensure our students were provided the best or nothing,” she said. “This is devastating to every individual who fought for VLP and worked hard to bring the program to fruition. It is a sad evening for us all.”


Rain and fog looking into Georgetown from Freedom Park in Rosslyn (Staff Photo by Jay Westcott)

New Covid Testing Location — “Arlington County is opening an additional no-cost COVID-19 testing kiosk at Sequoia Plaza. The kiosk is in partnership with Curative, which operates four additional sites in the County. The kiosk is located at 2100 Washington Blvd, on the service road behind the Stambaugh Human Services Center building (Sequoia 1). Beginning on Thursday, Feb. 3, 2022, the kiosk will operate Monday-Friday, 9:00 a.m. – 7:00 p.m.” [Arlington County]

Va. Changing Covid Tracing Efforts — “Today, the Virginia Department of Health (VDH) announced it is changing from attempting to investigate every case of COVID-19 and trace all contacts to focusing on follow-up of outbreaks and cases in high risk settings. This response is more effective when a virus spreads very easily and quickly and many infected people do not have symptoms.” [Virginia Dept. of Health]

Hurt Hiker Rescued Along Potomac — “First responders from three agencies worked together to come to the aid of an injured hiker along the Potomac River Wednesday morning. DC Fire and EMS deployed fireboats to work with DC Police in assisting Arlington Fire and EMS. DC Fire’s Fireboat 1 used its ice breaking capabilities while DC Police sent an airboat… The injured hiker was taken to Roosevelt Island and an Arlington EMS unit took the hiker to be treated.” [WJLA, Twitter]

Another Arlington Reference on Jeopardy! — Arlington and its first-in-the-state school integration effort on Feb. 2, 1959 was the subject of an answer on quiz show Jeopardy! last night. [Twitter]

Big Donation to Local Nonprofit from Bezos Ex — “The Arlington, Virginia-based National Council on Aging has received an $8 million donation from philanthropist MacKenzie Scott, its largest single gift in the nonprofit’s 72-year history. The council [said] the donation is unrestricted, and will be used to support its work addressing inequities that make it difficult for women, minorities, LGBTQ, low-income and rural Americans to age with dignity.” [WTOP]

Betty White Posthumously Helps AWLA Fundraise — “She died three weeks earlier, but the centennial of the birth of Betty White still allowed animal-welfare agencies across the nation to raise funds. The Animal Welfare League of Arlington received more than $37,000 from 740 donors during the “Betty White Challenge” event on Jan. 17, which would have been White’s 100th birthday.” [Sun Gazette]

W-L Gymnasts in Regional Tourney — “Winning a fourth straight district title would have been the ultimate [prize] for the Washington-Liberty Generals. But since the girls high-school gymnastics team was far from being at full strength, a more realistic goal was to at worst earn a region-tourney berth by finishing among the top three. Mission accomplished.” [Sun Gazette]

It’s Thursday — Rain today, mainly before 1 p.m. High near 54. South wind 7 to 9 mph, with gusts as high as 22 mph. Sunrise at 7:11 a.m. and sunset at 5:32 p.m. Rain tomorrow before 4 p.m., then a mix of rain and snow likely, possibly mixed with sleet. High near 47. Northwest wind 11 to 16 mph, with gusts as high as 23 mph. [Weather.gov]


Runners at Washington-Liberty High School in the mist and fog (staff photo by Jay Westcott)

APS Test-to-Stay Date Set — “Arlington County Public Schools, in Virginia, is planning to launch its test-to-stay program Feb. 14, a school spokesman said. The coronavirus testing will initially be offered to students only, for free, at Syphax Education Center from 2:30 p.m. to 7 p.m. on school days.” [WTOP]

Police Probe Particularly Problematic Pothole — “Scanner: Police responding to intersection of Washington Blvd and N. Sycamore Street in East Falls Church for multiple reports of a large pothole damaging passing cars.” [Twitter]

Another Guy Arrested With Gun at DCA — “A Transportation Security Administration (TSA) officer stopped a West Virginia man from bringing a loaded handgun onto a flight leaving from Ronald Reagan Washington National Airport (DCA) early Tuesday morning, according to a TSA release. The TSA officer detected the .40 caliber gun while searching the Bunker Hill, West Virginia man’s carry-on items at a DCA checkpoint.” [Patch]

ART Performance Is Best in Region — From MetroHero: “Our January 2022 regional bus performance reports are now live! ART: B. DASH: B-. Fairfax Connector: B-. MTA Local Bus: C. Metrobus: C-. Ride On: D+.” [Twitter]

Marymount to Host National Event — “Marymount University has been selected by the Center for Excellence in Education to host the national finals of the 2022 USA Biolympiad, to be held on campus May 28 to June 9. The USA Biolympiad is the nation’s largest cost-free biology-education testing and training program for high-school students in the U.S.” [Sun Gazette]

Photos: Church’s Lunar New Year Celebration — “Bishop Michael F. Burbidge celebrated Mass in honor of the Vietnamese New Year at Holy Martyrs of Vietnam Church in Arlington Jan. 30. Tet, or Vietnamese New Year, is celebrated Feb. 1 this year. Following Mass, Bishop Burbidge blessed a shrine to Our Lady of La Vang in a courtyard outside Holy Martyrs.” [Arlington Catholic Herald]

It’s Groundhog Day — Patchy fog today before 8 a.m. Otherwise, Groundhog Day will be mostly cloudy, with a high near 46. Sunrise at 7:12 a.m. and sunset at 5:31 p.m. Rain likely Thursday, mainly before 1 p.m. Otherwise cloudy, with a high near 56. [Weather.gov]


Covid cases in Arlington as of Jan. 31, 2022 (via Virginia Dept. of Health)

For the first time since Dec. 15, fewer than 100 new Covid cases were reported in Arlington today.

Ninety new cases were reported today by the Virginia Dept. of Health. That brings the seven-day moving average down to 184 cases per day, the lowest point since Dec. 20.

Adding to the trend, the average test positivity rate in Arlington is now down to 13.1%, the lowest point since two days before Christmas. In terms of serious illness, about one Arlington resident is being hospitalized each day due to Covid, according to VDH, the lowest point since Dec. 27.

Covid test positivity rate in Arlington as of Jan. 31, 2022 (via Virginia Dept. of Health)

Despite the numbers trending down, case counts are still relatively high.

“The total number of COVID patients we’re diagnosing in a week now is about 3 times higher than our Delta peak and is about the peak of where we were during last winter’s surge,” wrote Virginia Hospital Center ER chief Mike Silverman in his weekly public Facebook post. “While the numbers are better than a month ago, I suspect we still have 4-6 weeks until we start to get back to low tide. Our overall percent positive has dropped from about 40% to 18% which is just a touch below last winter’s surge but twice as high as the Delta surge.”

The hospital remains busy with its treatment of Covid patients, Silverman wrote.

“The number of COVID patients hospitalized is also down about 20% from last week, yet still double the number we had just prior to Christmas,” he wrote. “Our hospitalist team is still so busy they’re requiring staffing with an extra physician.”


Andrew Ellicott Park, named after the surveyor of Washington, DC, holds the original western cornerstone of the District of Columbia, dating to 1791 (staff photo by Jay Westcott)

Preservation Bill Proposed After Rouse Razing — “Del. Patrick Hope (D-Arlington) has introduced legislation that, if enacted, could give preservationists more of a fighting chance to retain properties they deem worth saving. Hope’s bill makes several changes to the state’s historic-preservation laws, most notably prohibiting a local government from permitting the razing of a proposed historic property until 30 days after a final decision on the matter has been made.” [Sun Gazette]

Students Getting At-Home Covid Tests — “Last week we received a large shipment of rapid at-home Covid-19 test kits. These kits are in the process of being delivered to our schools for distribution to students, beginning toward the end of this week or early next.” [Arlington Public Schools]

Dorsey to Lead Regional Board — “Arlington County Board member Christian Dorsey will chair the board of directors of the Metropolitan Washington Council of Governments for 2022.” [Sun Gazette]

Old Home Gets Rocking Aesthetic — “The white-stucco, black-shuttered exterior of this 1871 center-hall Colonial in Country Club Hills belies its rock-and-roll interior. That’s part of the fun. A century and a half ago, the stately home was likely built as a summer residence for a wealthy D.C. family. Today, it’s owned by Ben and Dina Hitch, a pair of concert-going music and art aficionados whose vast collection of original record albums and American artwork spans decades.” [Arlington Magazine]

Marymount Junior Stands Out on Court — “As a result of helping the Marymount University women’s basketball team improve to 5-0 and first place in the Atlantic East Conference, junior Symantha Shackelford recently was selected as the league’s Player of the Week in women’s college basketball.” [Sun Gazette]

Snow Incoming — “A major winter storm is set to slam parts of the Northeast on Saturday, with heavy snowfall, strong to damaging winds and coastal flooding all possible… For D.C., Baltimore and Philadelphia, the storm probably gets going too late to drop more than a couple inches of snow, but areas just to the east have a chance to see more substantial amounts.” [Capital Weather Gang, Twitter]

It’s Thursday — Today will be sunny, with a high near 37. Sunrise at 7:18 a.m. and sunset at 5:24 p.m. A low around 27 Thursday night. Friday will be cloudy, with a high near 37. Light snow possible in the morning, then probable in the afternoon, perhaps mixing with rain. Expect snow and wind gusts as high as 26 mph Friday night. [Weather.gov]


The COVID-19 vaccine (via Arlington County/YouTube)

The threat of job loss over vaccination status may have motivated some 104 permanent Arlington County employees to get the shot.

County employees have until next Tuesday (Feb. 1) to get the jab or obtain a medical or religious exemption, otherwise they go on unpaid leave for one month. If they obtain neither before Feb. 28, they lose their jobs.

Since mid-December, when ARLnow last reported on the upcoming deadline for employees, nearly 38% of unvaccinated employees have received the vaccine, according to Arlington Public Health Division spokesman Ryan Hudson.

With less than a week to before the deadline, 174 employees, or 5.5% of the county’s permanent workforce, remain unvaccinated — a number that includes people with religious and medical accommodations.

The uptick over the last 40 days brings the county’s employee vaccination rate to 94.5%, up from 91%, or 2,976 of 3,150 county employees.

Back in August, Arlington County mandated vaccines for all permanent county employees, requiring those who were unvaccinated to submit to weekly testing. A few months later, the county sharpened the teeth behind the mandate by setting the Feb. 28 deadline.

This step prompted a group of first responders and other county employees to launch a petition, asking the county for “more reciprocal ideas” for ensuring employee health and safety, such as continuing testing. Today, the petition has about 350 signatures.

Arlington County Board members re-endorsed the mandate during their regular meeting on Saturday, after a former Arlington firefighter took the podium during the public comment period to say not getting the shot is an “inexcusable dereliction of duty,” unless there’s a legitimate medical exemption.

“I don’t believe any public safety employee who refuses a vaccine at this time is doing anything other than defying the very essence of their job,” said retired firefighter Mike Staples.

He thanked the 90% of the fire department who’ve received the vaccine for “upholding the longstanding reputation we’ve built of demonstrating a selfless commitment to public safety.”

Staples said the firefighters who are holding out are “in the wrong line of work.”

Despite their controversy, workplace mandates have been shown to increase vaccination rates.

County Board members appeared unfazed by the potential loss of workers come Feb. 28, despite reports of ongoing and predicted workforce shortages among first responders and in other county departments.

“We are at this point talking about a relative few who have either not complied with getting the shots or have not qualified for a legitimate medical or religious exemption,” Board Vice-Chair Christian Dorsey said. “The good news is that is at such a high number there will be no negative or adverse impact on county service delivery with the implementation of this requirement. We do thank everyone doing their part to keep our community safe.”


Arlington’s “Covid heroes” (screenshot via Youtube/Arlington County)

Seventy-eight local individuals, businesses and organizations were recognized as “Covid Heroes” at yesterday’s County Board meeting.

More than six dozen locals were honored for having “demonstrated exceptional service throughout the pandemic” in three categories: community resilience, outstanding community service and individual service.

The presentation included a short video with all the honorees’ names, photos and upbeat music. It was followed by comments and thanks from the County Board members.

In all, more than 160 were nominated for the honor, so about half were chosen for recognition.

Chairperson Katie Cristol acknowledged that, under normal circumstances, there would have been an in-person gathering, but even with Covid cases falling, honorees were asked to watch the presentation at home.

Honorees for community resilience include ICU nurse Lee Harper Chen, Rosa Dunkley of the NAACP Arlington Branch and community activist Janeth Valenzuela, who has helped local immigrant communities sign up to get the Covid vaccine and played a part in exposing the unacceptable living conditions at Serrano apartments.

“I’m humbled for this nomination, but it wasn’t only me who worked hard, this was made possible [by] the committed residents who helped me and we worked together as a team,” Valenzuela tells ARLnow. “I am not sure if I will be able to give everything that this community has given me, but I will always do everything that I can to represent them with pride and respect.”

Also recognized was chef David Guas, owner of Bayou Bakery in Courthouse, for his “Chefs Feeding Families” program. He also provided meals to security personnel at the Capitol last January after the insurrection.

“I am humbly honored to be the recipient of the Arlington COVID-19 Hero Award. I accept this accolade not only for myself, but also on behalf of all those who dedicated their time and efforts to the Chefs Feeding Families initiative, including my team at Bayou Bakery, Coffee Bar & Eatery and our chef partners,” he writes to ARLnow. “Together we found a way to restore hope and foster a commitment and connection to the community, one meal at a time.”

More than 30 individuals were given accolades for their service, including Jennifer Toussaint of the Animal Welfare League of Arlington, Susan Thompson-Gaines who ran a “kindness yard sale,” county public health director Reuben Varghese, and Arlington Parents for Education (APE) founder Chris Myers. APE is a bipartisan community group that has advocated for more transparency from Arlington schools.

“The award is quite an honor, but the recognition should not be mine. It goes to all the parents and teachers of Arlington Parents for Education that helped create a unique collaboration that crossed political and social divides to advocate for the needs of our children,” Myers told ARLnow.

Thirty-three local organizations were honored, including the Columbia Pike Revitalization Organization (now, the Columbia Pike Partnership), Arlington Free Clinic, Macedonia Baptist Church in Green Valley, Arlington Food Assistance Center and Freddie’s Beach Bar.

“The superpower of these people and organizations… is to engage the entire community and all of Arlington,” County Board member Takis Karantonis said at the meeting about the Covid heroes. “Their work actually saved lives.”

Board Vice-Chair Christian Dorsey noted that this probably won’t be the last time the board will be honoring those who served the community during the pandemic. He also said that there are plenty of other heroes out there who deserve recognition as well.

“Within our community, there are untold stories of heroism that occur every single day with neighbors checking in on neighbors [and] parents attending to the emotional well-being of their children,” Dorsey said. “We know that the stories of heroism from the pandemic will be a rich tapestry… we can look at this period as not just as a crisis we endured, but a demonstration of the resilience we all showed.”

The full listing of all the honorees is below.

(more…)


Board Chair Katie Cristol during the recessed meeting on Tuesday, Jan. 25, 2022 (via Arlington County)

The Arlington County Board says it’s on the side of Arlington Public Schools in the battle with the state over mask mandates.

Arlington and six other Northern Virginia school systems filed a lawsuit Monday challenging Gov. Glenn Youngkin’s executive order on Jan. 15, his first day in office, prohibiting school systems from requiring students wear masks.

The order states parents should be able to “elect for their children not to be subject to any mask mandate in effect at the child’s school or educational program.”

During the County Board’s recessed meeting yesterday (Tuesday), Board Chair Katie Cristol and Vice-Chair Christian Dorsey affirmed masking as an important COVID-19 mitigation strategy and pledged to support APS.

“I think I speak for all of us in saying that we are supportive of Arlington Public Schools, the School Board and superintendent and all of their efforts to keep students and teachers safe and therefore learning in person,” Cristol said.

Dorsey said the Board believes the school system’s actions are lawful and “absolutely the right thing to do.”

“We will figure out how we can support them any way possible,” he said.

He criticized the executive order — which also requires School Boards to marshal up additional resources to mitigate the spread of COVID-19 — as being vague and counter-productive while lacking funding.

“There’s a great question as to whether communities broadly, not just school systems, are going to be held to certain standards of making certain spending to offer COVID-19 mitigation that are currently being met with masks,” he said.

But the County Board stopped short of showing its support with a vote, a step the Fairfax County’s Board of Supervisors took yesterday (Tuesday). The Fairfax County School Board is another plaintiff in the lawsuit, alongside the school boards of Alexandria City, Falls Church City, Hampton City, Prince William County and the City of Richmond.

The lawsuit claims Youngkin can’t make an order that supersedes the right of school boards to enact policy at the local level. It also claims the order contradicts a recently adopted law directing school boards to follow the Centers for Disease Control and Prevention’s health and safety requirements.

Arlington Circuit Court, where the suit was filed, scheduled a hearing in the suit for Wednesday, Feb. 2. While Arlington awaits a ruling from the judge on the complaint, it had already determined it would continue its school mask requirement despite the order, which was set to take effect Monday.

The governor’s press secretary said in a statement they are disappointed in the school boards.

“The governor and attorney general are in coordination and are committed to aggressively defending parents’ fundamental right to make decisions with regard to their child’s upbringing, education, and care, as the legal process plays out,” she said in a statement to FFXnow.

Following the executive order, the Virginia Department of Health issued updated guidance Friday on preventing COVID-19 in schools, which reiterates points made in the executive order emphasizing parents’ rights, keeping schools open and providing a safe environment.

(more…)


Rosslyn at sunset (staff photo by Jay Westcott)

Dems to Discuss School Board Caucus — “Unsurprisingly, perhaps, into this climate of culture war skirmishes surrounding public education comes opposition to the Arlington County Democratic Committee’s long-standing caucus process and even opposition to Democratic endorsement of candidates for school boards seats… At its February meeting, Arlington Democrats will debate the issues raised by its critics and vote on whether and how to change its caucus and endorsement process.” [Blue Virginia]

Winter Outdoor Dining Guide — “Before the pandemic, we never imagined that al fresco dining season in Northern Virginia would stretch into the teeth of winter. And while the wave of the latest Omicron cases seems to have peaked (fingers crossed!), those who are cautious about Covid but still want to support local businesses might choose to eat outside in the fresh air. Here are 11 restaurants cranking up the heat on outdoor dining spaces, and adding fun elements like fire pits or tented igloos.” [Arlington Magazine]

Steep HQ2 Energy Offset Costs — “The cost for Amazon.com Inc. to offset carbon emissions at its PenPlace development and meet Arlington County’s energy expectations will run upward of $5 million, according to a study by the company’s Seattle consultant.” [Washington Business Journal]

Beyer Calls for Long Covid Data — “A pair of Democratic House members asked the Centers for Disease Control and Prevention in a letter Tuesday to release data on the number of Americans who suffer lingering symptoms of coronavirus infection, including breakdowns along race, gender and age… Rep. Don Beyer (D-Va.), who has sponsored legislation to fund studies of long covid, co-signed the letter with Pressley.” [Washington Post, U.S. House of Representatives]

More on Pentagon City Apartment Upgrades — “An existing 12-year-old apartment high-rise adjacent to what will be Amazon’s massive HQ2 campus, Metropolitan Park, in Arlington County, Virginia, has been acquired… and the investors plan a multimillion makeover fitting for HQ2’s panache. ‘We are going to make these apartments the coolest and most desirable homes on the park,’ said Steve Schwat, UIP founding principal.” [WTOP]

Two Crystal City Hotels Sold — “An Atlanta real estate investment manager has acquired a pair of Crystal City hotels a little more than a month after their former owner primed them for future redevelopment. Affiliates of Noble Investment Group paid a combined $64.3 million in mid-December for the 162-room Hampton Inn & Suites Reagan National Airport and the 248-room Hilton Garden Inn, according to Arlington County land records… There do not appear to be immediate changes planned for the hotels themselves, except for their names.” [Washington Business Journal]

It’s Wednesday — Today will be sunny, with a high near 30. Sunrise at 7:18 a.m. and sunset at 5:23 p.m. Tomorrow will be sunny, with a high near 33. [Weather.gov]


Covid cases in Arlington as of Jan. 25, 2022 (via Virginia Dept. of Health)

The average rate of new daily Covid cases in Arlington has dropped about 60% between the Jan. 12 peak and today.

The latest Virginia Dept. of Health data shows a seven-day moving average of 259 cases per day in Arlington, down from 646 less than two weeks ago. Daily cases have been below 250 in each of the past four days.

Test positivity rates also continue to drop, reaching a seven-day moving average of 18.2% today, down from a peak of 29.3% on Jan. 2. About 1,800 tests from Arlington are being reported to VDH each day, on average, down from a peak of over 2,600 on Dec. 24.

The data point to the current Omicron-variant-fueled Covid wave continuing to wane locally, following regional and national trends. That will help ease Covid-related disruptions to everything from schools to childcare to medical staffing.

In his weekly public Facebook post, Virginia Hospital Center ER chief Mike Silverman wrote Friday that while cases are declining, the raw numbers remain high.

“Although Omicron is still surging throughout much of the US, it does appear that around NoVa, we’re declining from our peak. In the ER, new case numbers have fallen 65% from our peak 4 weeks ago,” Silverman wrote.

“The numbers are still 3-5 fold higher than in the fall,” he continued. “We’re still seeing plenty of COVID and people are still dying with COVID, but as an emergency department, we’re able to take a breath and we appreciate the surge is coming to an end. Our inpatient census is also down 30% percent from the peak.”

Silverman noted that “in the grand scheme of things, the Omicron variant is milder than Delta” — something that is reflected in the VDH stats. Hospitalizations among Arlington’s highly-vaccinated populace remain elevated, but at a lower level than might otherwise be expected given the record number of cases over the past month.

An average of two Covid-related hospitalizations have been reported each day in Arlington over the past week. Two Covid deaths have also been reported over the past week, including one today, according to VDH.


(updated at 3:35 p.m.) The Arlington School Board is suing to stop Gov. Glenn Youngkin’s executive order that doesn’t allow school systems to require students to wear masks.

The lawsuit filed this morning (Monday) challenges the order issued by Youngkin on Jan. 15, his first day in office. Arlington joined school boards from Fairfax County, Alexandria City, Falls Church City, Hampton City, Prince William County and the City of Richmond in the suit.

The order states parents should be able to “elect for their children not to be subject to any mask mandate in effect at the child’s school or educational program.”

The order was supposed to take effect today but school districts across the state, including Arlington, already made decisions at the local level to go against the order and keep a mask requirement in place as part of a strategy to reduce the spread of Covid and maintain in-person instruction.

The lawsuit challenges the constitutionality of the executive order, and defends the right of school boards to enact policy at the local level. The lawsuit also claims the executive order goes against Senate Bill 1303, which was adopted in the General Assembly’s 2021 special session. The law states school boards should follow the Centers for Disease Control and Prevention’s health and safety requirements.

“Everyone in our community plays a role in keeping schools open and safe for students through consistent mask wearing and other mitigation measures,” APS Superintendent Fransisco Durán wrote in an email to families. “Our shared goal remains to make sure every student continues to access in-person learning five days per week. We look forward to the opportunity to ease these requirements in APS once public health guidance indicates it is safe to do so.”

APS spokesman Frank Bellavia said the schools continue to follow the same guidelines in place since the beginning of the school year.

“If a student is not wearing a mask, our schools are advised to speak to the student and provide them a mask to wear,” he said.

He said the vast majority of APS families support and adhere to the health and safety guidelines and when students arrived at school Monday, there were “very few incidents.”

The Arlington School Board put out a statement as well, stating it “stands together with participating school boards across the Commonwealth to defend our constitutional right to set policies and supervise our local schools. We continue to make decisions that allow us to keep schools open and safe for in-person learning, in accordance with Virginia law SB 1303 and the CDC’s guidance regarding the use of universal masks and other layered prevention strategies.”

Over the last seven days, 467 students and 98 staff members were positive for Covid, according to the school system’s COVID-19 dashboard.

The full press release from Arlington Public Schools is below.

Today, the Schools Boards of Alexandria City, Arlington County, City of Richmond, Fairfax County, Falls Church City, Hampton City and Prince William County, filed a lawsuit to challenge the constitutionality of Executive Order 2 issued by the governor on January 15, 2022. The legal action, representing over 350,000 students across the state, defends the right of school boards to enact policy at the local level, including policies that protect the health and well-being of all students and staff.

This legal action centers on fundamental questions about the framework of public education in Virginia, as set out in the Virginia Constitution and by the General Assembly. At issue is whether locally elected school boards have the exclusive authority and responsibility conferred upon them by Article VIII, § 7 of the Constitution of Virginia over supervision of the public schools in their respective communities, or whether an executive order can unilaterally override that constitutional authority.

Also at issue is whether a governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

Without today’s action, school boards are placed in a legally untenable position — faced with an executive order that is in conflict with the constitution and state law. Today’s action is not politically motivated. These seven school divisions would welcome the opportunity to collaborate with the governor to ensure the safety and welfare of all students.

This lawsuit is not brought out of choice, but out of necessity.

With COVID-19 transmission rates high, our hospitals at crisis level, and the continued recommendation of health experts to retain universal mask-wearing for the time being, this is simply not the time to remove this critical component of layered health and safety mitigation strategies. School divisions need to continue to preserve their authority to protect and serve all our students, including our most vulnerable, who need these mitigation measures perhaps more than anyone to be able to continue to access in-person instruction.


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