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House approves bill to make masks optional in public schools

A photo from Tuesday’s proceedings in the Kentucky House of Representatives can be found here. It shows Rep. Lynn Bechler, R-Marion, presenting House Bill 51, a bill to make facial coverings optional at public schools, on the House floor.

FRANKFORT— Parents may soon be making the decision on whether or not their child wears a mask at school.

House Bill 51 would allow parents of students in public K-12 schools to opt out of any COVID-19-related facial covering guidance issued by local school boards. An amended version of the measure advanced off the House floor on Tuesday by a 56-35 vote.

The bill’s primary sponsor, Rep. Lynn Bechler, R-Marion, said HB 51 does not seek to ban masks in school completely.

“This legislation doesn’t outlaw mask wearing; it simply makes mask wearing optional from preschool through college,” Bechler said. 

The bill would allow parents to opt their child out of submitting to any type of medical procedure related to COVID-19, including testing or vaccination, and wearing any type of medical device in response to COVID-19. Parents would not be required to submit any certification or documentation to secure an exemption.

Another provision of the bill would prohibit public colleges and universities from requiring facial coverings or medical devices in response to COVID-19. COVID-19 testing and vaccine requirements would also be prohibited. The bill would make exceptions for those on campuses providing medical or dental services or conducting clinical research.

Bill co-sponsor Rep. Josh Calloway, R-Irvington, worked with Bechler on amending the final House version of HB 51.

“Amendment 11 basically says this: That no one can put a medical device on my child or no one can do a medical procedure on my child without me, as the parent, authorizing it,” Calloway said. The amendment was adopted.

During discussion of the bill, several lawmakers expressed concerns about HB 51 impeding on local control.

House Minority Whip Angie Hatton, D-Whitesburg, said she voted in favor of legislation from the 2021 Special Session that ended the statewide mask mandate and gave that power to the local school boards because it was what was best for her district. Hatton said her beliefs have not changed.

“I’m not second guessing my locally elected school boards on this decision,” Hatton said. “It’s inconsistent and not something that I could stand here and live with having voted ‘yes’ in September to give this decision making to the local school boards…” 

Rep. Jim DuPlessis, R-Elizabethtown, said he also has local control concerns when it comes to HB 51.

DuPlessis said the legislation is something he could vote either way on, but he has concerns that schools would be forced to shut down if there is another COVID-19 outbreak.

“If we choose to take away a local school board’s ability to mandate an N-95 mask, which we admit works, they could shut the school down for a couple of weeks, or three weeks or four weeks,” DuPlessis said. “… We’re going to do something that could cause an unforeseen circumstance down the road if another variant comes up.”

Rep. Jason Nemes, R-Louisville, said he believes HB 51 actually ensures local control.

“What we’re doing here today is removing governmental control over that decision and putting it again to the most local level, which is parents,” Nemes said.

Some House members pointed out that most schools across the Commonwealth have recently lifted their mask mandates due to declining COVID-19 case numbers. Bechler said, “I believe most parents would make the intelligent decision for the health of their children,” if the Commonwealth faces another spike in cases.

In explaining her “yes” vote on HB 51, Rep. Felicia Rabourn, R-Turners Station, said she hopes the parents, teachers and students in her district who support the bill feel heard.

“It sends a message that I hear them loud and clear, and I support the parents’ decision to make the best decision for their child based on their individual needs,” Rabourn said.

HB 51 will now go before the Senate for consideration.

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