In January and February 2022, Virginia passed legislation which provides that parents can opt their children out of masking requirements in Virginia's schools, even if the school or district has otherwise determined mandatory masking to be an appropriate COVID-19 prevention measure.

The parents of twelve children who suffer from disabilities that put them at significant health risk should they contract COVID-19 challenged such regulation, alleging that it unduly prohibited school districts from providing reasonable modifications (i.e., mask requirements) in certain circumstances.

On 23 March 2022, the US District Court of Virginia, having considered the prominent nature of the public interest of safeguarding public health, issued a temporary restraining order allowing plaintiff’s children’s schools to consider their individualized requests that some amount of masking is necessary as a “reasonable modification” of the applicable legislation on account of their children’s health condition.

Full text of the decision available at en