Virginia judge says parents of immunocompromised children in 12 schools can ask for mask mandate in classroom

FAIRFAX, Va. - A federal court has placed a pause on a Virginia law banning mask requirements in a ruling in the favor of students with disabilities.

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FOX 5's Melanie Alnwick says this is a limited victory and the judge's temporary order applies only to the 12 schools where the parents who sued have children enrolled.

But it does also mean that in those 12 schools the parents can request that all students and staff wear masks while in the classroom with their immunocompromised child, Alnwick says.

The students in the lawsuit have conditions including cancer, cystic fibrosis, moderate to severe asthma, lung conditions, downs syndrome and weakened immune systems.

They range in age from preschool to 11th grade.

The parents argued that Gov. Glenn Youngkin's executive order and subsequent state law violates the Americans with Disabilities Act, Alnwick says, because it effectively forces their high-risk students out of public school.

The order says parents of the 12 students can ask for others to wear masks as an accommodation. Alnwick reports it would be up to the school system to decide what is a reasonable accommodation.

The state law preventing schools from requiring masks in these instances is overruled, Alnwick says.