Gov. McMaster issues executive order on masks in schools and local mask mandates
On Tuesday, Gov. Henry McMaster issued Executive Order 2021-23, which empowers South Carolina parents to decide whether their children should wear masks in public schools throughout the state.
(Video above is parents protesting masks)
The governor’s order also explicitly prohibits any county or local governments in the state from relying on prior orders or using a state of emergency as the basis for a local mask mandate and bars all state agencies, local governments, and political subdivisions from requiring what has commonly been referred to as “vaccine passports” for any reason.
With regard to mask requirements in public schools, the governor has directed DHEC - in consultation with the S.C. Department of Education - to develop and distribute a standardized form a parent or legal guardian may sign to opt their child out of mask requirements imposed by any public school official or public school district.
“We have known for months that our schools are some of the safest places when it comes to COVID-19,” McMaster said.
"With every adult in our state having the opportunity to receive a vaccine, it goes against all logic to continue to force our children – especially our youngest children – to wear masks against their parents’ wishes. Whether a child wears a mask in school is a decision that should be left only to a student’s parents.”
Concerning local ordinances, the governor’s executive order explicitly prohibits any county or local governments throughout the state from relying on prior orders or a state of emergency as the basis for a local mask mandate.
“With the COVID-19 vaccine readily available and case numbers dropping, I will not allow local governments to use the state of emergency declaration as a reason for implementing or maintaining mask mandates,” McMaster said.
“Everybody knows what we need to do to stay safe – including wearing a mask if you’re at risk of exposing others – but we must move past the time of governments dictating when and where South Carolinians are required to wear a mask. Maintaining the status quo ignores all of the great progress we’ve made.”
Additionally, the governor’s order prohibits any local government, state agency, state employee, or any political subdivision of the state from requiring South Carolinians to provide proof of their vaccination status as a condition for receiving any government services or gaining access to any building, facility or geographic location.
As McMaster recently said: “Vaccine passports will have no place in South Carolina. The very idea is un-American to its core.”
Greenville County Schools issued the following statement Tuesday night regarding Executive Order 2021-23:
Schools and districts were given no preview of the Governor’s Executive Order 2021-23, issued late this afternoon, or asked how it might impact operations. The order is 15 pages long and appears to be somewhat contradictory about whether political subdivisions can continue to mandate masks.
As a result, our legal counsel has been charged with reviewing the order to determine how its contents might be reconciled with the guidance and requirements of public health officials or the liability legislation that was recently passed by the SC General Assembly. That legislation specifically aligns COVID-19 liability to the levels at which businesses and other entities follow the advice and guidance of public health officials.
It is also unclear when today’s order will go into effect since in it, McMaster directed DHEC and the State Department of Education to develop and distribute a standardized form for parents to opt their children out of schools’ mask mandates. To our knowledge, DHEC has not changed its guidance on wearing masks when social distancing cannot be maintained, nor has the SDE rescinded its order that students wear masks on buses and when entering and leaving a school building.
As a result, districts are faced with conflicting direction from state entities. The press release issued by the governor’s office quoted him as saying, “We have known for months that our schools are some of the safest places when it comes to COVID-19,” but his quote does not appear to recognize what role masks may have played in ensuring that safe environment.
If it is determined that the governor’s executive order is binding and carries the weight of law, GCS will follow its directions related to masks just as soon as the SDE and DHEC distribute the parent opt-out form.
In the meantime, GCS students will still be required to wear masks on buses, when entering and leaving buildings, and whenever six feet of social distance cannot be maintained.