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Ex. AGY-ST-EDUCATION-HIGHER-ED-029 Order Primary source read

State Health Commissioner Order of Public Health Emergency, Statewide Requirement To Wear Masks In K-12 Schools (Order of Public Health Emergency Ten)

Statewide requirement that all individuals aged two and older wear masks when indoors at public and private K-12 schools

M. Norman Oliver, M.D., M.A., State Health Commissioner · Virginia State Health Commissioner (acting for the State Board of Health); State level; addressed to all public and private K-12 schools (State)

The COVID Project

The record

Jurisdiction
Virginia State Health Commissioner (acting for the State Board of Health); State level; addressed to all public and private K-12 schools · Virginia
Level
State
Authority
Va. Code ss. 32.1-13, 32.1-20
Issued
2021-08-12 Aug. 12, 2021
Effective
2021-08-12
End
Remained in force through September 30, 2021 and beyond (rescinded in 2022 following Executive Order 2 (2022) and SB 739) (read as 2021-09-30)
In force
Aug. 12, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child careWorkplace rules
Addressees
  • all public and private K-12 schools
  • all individuals aged two and older when indoors at schools
  • school employees, students and visitors
Functions reached
  • IN in-person instruction (universal indoor masking)
  • EC before- and after-school programs on school premises
  • AC indoor athletics and activities (exercise exception)
  • EMP employee masking
  • WF school workforce
  • CB families; school vendors and contractors working indoors at schools
Collection
State education and higher-education authorities AGY-ST-EDUCATION-HIGHER-ED

Operative words

NOW THEREFORE, the State Health Commissioner, pursuant to ss. 32.1-13 and 32.1-20 of the Code of Virginia, hereby issues this Order finding that a public health emergency due to COVID-19 continues to exist, and requiring all individuals aged two and older to wear masks when indoors at public and private K-12 schools in order to inhibit spread of the virus, as recommended and described by the CDC. Exceptions to this Order include: A. Individuals eating, drinking, or sleeping; B. Individuals exercising or using exercise equipment; C. Any person who is playing a musical instrument... D. Any person who has trouble breathing... E. Any person who has a disability or meets at-risk criteria... F. When necessary to participate in a religious ritual; and G. Persons with health conditions or disabilities that prohibit wearing a mask.

Enforcement

Va. Code s. 32.1-27 (violation of a Board of Health order a Class 1 misdemeanor; injunctive relief); the Order's recital of the Commissioner's authority under ss. 32.1-13 and 32.1-20

Notes

A Q3 2021 instrument in force in every Virginia school on September 30, 2021; the VDH FAQ of Aug. 17, 2021 (Ex. VA-044) construes it; this exhibit supplies the primary text

Retrieval note

Signed order (three pages) read in full; capture of Aug. 12, 2021 from the Governor's site.