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Ex. TN-036 Order Primary source read

Executive Order No. 84

An Order Regarding Mask Requirements in Schools

Governor Bill Lee · Tennessee (State)

The COVID Project

The record

Jurisdiction
Tennessee
Level
State
Authority
Tenn. Code Ann. § 58-2-107 (recited); EO 83 emergency
Issued
2021-08-16 Aug. 16, 2021
Effective
Aug. 16, 2021 (read as 2021-08-16)
End
11:59 p.m. Oct. 5, 2021; extended by EO 89 to Nov. 5 and EO 91 to Nov. 19, 2021; terminated by EO 92 on Nov. 12, 2021; enjoined as to Shelby County (G.S. v. Lee, W.D. Tenn., TRO Sept. 3, 2021), Williamson County and Franklin SSD (R.K. v. Lee, M.D. Tenn., Sept. 24, 2021, Ex. TN-067) and Knox County (S.B. v. Lee, E.D. Tenn., Oct. 12, 2021, Ex. TN-068) (read as 2021-10-05)
In force
Aug. 16, 2021 to Oct. 5, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child care
Addressees
  • local education agencies and schools (K-12)
  • parents and guardians
Functions reached
  • IN/SCH school-board mask requirements overridden by parental opt-out in every district Aug. 16-Nov. 12, 2021 (except where enjoined)
  • WF parents' workforce availability turned on school operating rules and quarantines
  • CB school-age population
Collection
Tennessee TN

Operative words

I, Bill Lee, Governor of the State of Tennessee, having declared a continuing state of emergency by Executive Order No. 83, dated August 6, 2021, and by virtue of the power and authority vested in me by the Tennessee Constitution and other applicable law including Tennessee Code Annotated § 58-2-107, do hereby order that a student's parent or guardian shall have the right to opt out of any order or requirement for a student in kindergarten through twelfth-grade to wear a face covering at school, on a school bus, or at school functions, by affirmatively notifying in writing the local education agency or personnel at the student's school. Any law, order, rule, or regulation that would otherwise limit the enforceability of this Order is hereby suspended

Enforcement

Suspension of contrary law, order, rule or regulation under Tenn. Code Ann. § 58-2-107

Notes

The State's principal Q3 2021 school instrument; it presupposes the 'continuing state of emergency' of EO 83; the federal courts found it 'appears to violate federal law and must yield' (R.K. v. Lee, Ex. TN-067) and reduced boards' mandates to 'a mere paper tiger' (S.B. v. Lee, Ex. TN-068)