Economic Mobility Lab

California ‘abuses its authority’ with K-12 mask mandate, Modesto school board says

Amanda Stall, right, with sign, and others attend the Modesto City Schools board meeting to advocate for a change in mask policy for the coming school year of in-person learning. Photographed at the Modesto City Schools board meeting in Modesto, Calif., on Monday, July 26, 2021.
Amanda Stall, right, with sign, and others attend the Modesto City Schools board meeting to advocate for a change in mask policy for the coming school year of in-person learning. Photographed at the Modesto City Schools board meeting in Modesto, Calif., on Monday, July 26, 2021. aalfaro@modbee.com

The trustees of Modesto’s largest school district are asking the state to lift its mask mandate for people inside K-12 school buildings.

Modesto City Schools board members unanimously approved a letter Monday on behalf of “countless teachers, staff, administrators, students, parents, and community members” calling for local authority over COVID-19 safety policies.

“As California starts to get back to a semblance of normalcy, it is inappropriate for the state to issue a blanket mandate of facial coverings on campuses,” the letter reads.

Superintendent Sara Noguchi joined all seven board members in signing the letter. She said it will be sent Tuesday.

And on Tuesday, the Stanislaus County Board of Supervisors voted 5-0 to send a letter to the state in support of the school board’s position.

The supervisors’ decision came after parents with children, nurses, schoolteachers and others packed the board chambers and about two dozen of them spoke in favor of not requiring children to wear masks at school. Tuesday was the second time in two weeks that parents and their advocates had filled the chambers, asking for the choice to decide whether their children wear masks in the classroom.

County officials were clear that they had no authority over local schools and the state. The public comments and supervisors’ vote came after a COVID-19 update from Dr. Julie Vaishampayan, the county’s public health officer.

Stanislaus doc says we’d be purple again

She told supervisors cases are starting to rise again and based on the state’s previous tier system, Stanislaus County would be ranked in the purple tier, which was the worst of the four tiers because the virus is widespread. “We’re entering again a time of high transmission,” Vaishampayan said.

The supervisors framed the issue in terms of local control, and some also said children have suffered academically, socially and emotionally during the pandemic.

Board Chairman Vito Chiesa also said the evidence shows transmission rates and the severity of the virus are much lower among children than among adults. And he encouraged people to get vaccinated, especially those who are vulnerable, such as seniors.

The California Department of Public Health issued a mask mandate July 12 that applies to all students and teachers in school buildings statewide, regardless of their vaccination status.

Modesto City Schools will require masks for all students and adults indoors because of the state health department’s rules. Masks will be optional outdoors.

In their letter, school board members said California is “abusing its authority” by setting rules for local school districts. They noted that districts like Modesto City already are seeking guidance from county health officials and said the state should give districts the power to create COVID-19 plans “tailored to their regions and local conditions.”

The letter noted that “the situation has changed” regarding the number of people in California who are fully vaccinated.

In Stanislaus County, 58% of people were fully or partially vaccinated as of Monday, according to the county’s dashboard.

Stanislaus mayors asked the state for similar local control early into the pandemic. The mayors sent a letter to Gov. Gavin Newsom asking he “pursue an aggressive strategy for reopening our county for business. One size does not fit all.”

Not powerless, parent says

In public comment, Kimberly Valente thanked the board for sending the letter to the state health department. “It puts me at ease knowing that our district is seeking some autonomy in these matters,” she said.

Valente and other parents urged the school board to not make the letter a formality and to reject the state mask mandate. “I disagree that we’re powerless,” Valente said. “Just because something is a law does not make it right.”

Public school districts do not have legal power to contradict mandates issued by state and local public health officials, Noguchi said at the meeting. She encouraged families to bring concerns to the state health department or their state Assembly member, not local boards that don’t have power to make changes to the state’s rules.

Many parents were confused after the state public health agency backtracked on its initial guidance that schools would have to ban students who refused to wear a mask inside. Public health officials said hours later that school districts would decide how to enforce mask-wearing, but masks themselves are still required.

That means districts will vary on how to discipline students who don’t wear masks, but they can’t forego the requirement entirely.

“That’s where that caveat came into play, and that’s where it can be really confusing,” district Chief Communications Officer Krista Noonan said.

Noonan suggested families visit California’s Safe Schools for All Hub and read the guidance.

Emily Isaacman is the equity reporter for The Bee's community-funded Economic Mobility Lab, which features a team of reporters covering economic development, education and equity.

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This story was originally published July 27, 2021 at 11:38 AM.

Emily Isaacman
The Modesto Bee
Emily Isaacman covers education for the Modesto Bee’s Economic Mobility Lab. She is from San Diego and graduated from Indiana University, where she majored in journalism and political science. Emily has interned with Chalkbeat Indiana, the Dow Jones News Fund and Reuters.
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