HB 4071 — Mask and Quarantine Option For Parents and Faculty

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Red = new code to be enacted WEST VIRGINIAvirginia LEGISLATURElegislature REGULARregular SESSIONsession IntroducedCommittee Substitute for House Bill 4071 By Delegates Maynor, Steele, Honaker, Smith, Tully, Kessinger, B.

Referredreferred to the Committee on Education then the Judiciary]   A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-8B-1, §18-8B-2, §18-8B-3, §18-8B-4, all relating to creating the ParentPublic andSchool Student Health Rights Act;

providing that schools,a educationalpublic institutions,school and elected or appointed local officials may not mandate masks for school students or schoolemployees employees,or and may not mandate COVID-19 tests and quarantine under certain circumstances;circumstances;  providing that parents have the right to determine whether their children wear masks at school and school activities;

 providing that elected/public official cannot override the provisions of the Act;

providing that nothing in the article may prevent any individual from wearing a face covering;

ParentPUBLIC andSCHOOL Student Health Rights Act.

This article shall be known and may be cited as the ParentPublic andSchool Student Health Rights Act.

(a) “Confirmed“COVID-19” outbreak”means inthe novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2, or a schoolvirus settingmutating istherefrom, definedand as:conditions associated with the disease.

(1)(b) Multiple“Public COVID-19school” casesmeans comprisingany atpublic leastschool 10or percentfacility under the control of students,a teachers,county orboard staff,of withineducation, a specifiedcharter coreschool groupcreated (e.g.,pursuant classroom,to extracurricular§18-5G-1, activity,et sportsseq., team);of this code or the West Virginia School for the Deaf and the Blind.

or(c) (2)“Employee” Atmeans leastany threeindividual caseswho withinworks afor specifiedthe corepublic groupschool (e.g.,on classroom,a extracurricularfull-time, activity,part-time, sportscontractual team).or volunteer basis.

(b)(d) “COVID-19”“Student” or “coronavirus” means theany novelindividual coronaviruswho identifiedattends as SARS-CoV-2, the diseasepublic causedschool byon thea novelfull coronavirus SARS-CoV-2, or apart-time virusbasis. mutating therefrom, and conditions associated with the disease.

(c)(e) “Educational“Quarantine” institution” means anya schoolperiod orof facilityphysical underseparation recommended by the controlCenters offor Disease Control and Prevention (“CDC”) which should begin after a countyperson boardcomes ofinto education;close contact with someone who has COVID-19.

a charter school;

and the West Virginia Schools for the Deaf and the Blind.

(d) “Quarantine” means a period of physical separation recommended by the Centers for Disease Control and Prevention (“CDC”) which should begin after a person comes into close contact with someone who has COVID-19.

ParentPublic andschool student health rights.

(a)(a)   Notwithstanding any other law to the contrary, and regardless of a confirmedpublic outbreak, no school, educational institution, or elected or appointed local official may impose a COVID-19 mask or face covering requirement for any school student,shall gradenot: K-12, or school employee.

(b)(1)   AImpose parent of a studentCOVID-19 maintains the right to determine whether their child will wear a mask or face covering requirement on schoolany premisesstudent or duringemployee; extracurricular activities.

(c)(2)   NoImpose school, educational institution, or elected or appointed local official may impose a mandatory COVID-19 testing requirement on any asymptomatic or pre-symptomaticpre- symptomatic student and/oror schoolemployee; employee.

(d) No school, educational institution, or elected(3)   orRequire appointed local official may require a student or school employee to quarantine or isolate unless athe casestudent ofor COVID-19employee ishas confirmedtested by a positive testfor result.COVID-19.

(e)(b) AnyA periodparent or guardian of quarantinea shallstudent endmaintains afterthe aright negativeto testdetermine resultwhether fortheir COVID-19child will wear a mask or afterface 5covering dayson ofschool quarantine.premises or during extracurricular activities.

(c) Any period of quarantine shall end after the student or employee has obtained a negative COVID-19 test result or after that student or employee has completed 5 days of quarantine.

(d)  The rights identified under this act shall not be overridden by any elected or appointed official.

(e) Nothing in this article may prevent the right of any individual to wear a face covering.

A parent or guardian of a studentstudent, or a student who is 18 years of age or olderolder, mayor bring an actionemployee againstmay thefile school or educational institution to obtain a declaratory judgment thataction, seeking an injunction against any act or practice that violates this sectionact. and to seek injunctive relief.

A prevailing parentparent, orguardian, student, or employee, as applicable, may be awarded reasonable attorney fees and court costs.

  NOTE:

The purpose of this bill is to create a ParentPublic andSchool Student Health Rights Act;

providing that schools,a educationalpublic institutions,school and elected or appointed local officials may not mandate masks for school students or school employees, and may not mandate COVID-19 testing or quarantining under certain circumstances;

providing that parents have the right to determine whether their children wear masks at school and school activities;

providing that elected/public official cannot override the provisions of the Act;

providing that nothing in the article may prevent any individual from wearing a face covering;