Law Prohibiting Local School Mask Mandates Heads to NH Governor’s Desk (Again!)

The New Hampshire State Senate just passed (and I mean Just!) HB1093 AN ACT  prohibiting mandatory mask policies in schools. “This bill prohibits school boards and other public education agencies from adopting, enforcing, or implementing a policy that requires students or members of the public to wear a facial covering.”

189:75  Facial Covering Policy for Schools.  The school board of a school district or the chief executive officer of a chartered public school or public academy shall not adopt, enforce, or implement a policy that requires students or members of the public to wear a facial covering for any purpose while on the school’s property unless the facial covering is necessary for a specific extracurricular or instructional purpose, or is required by some other section of the law. In this section, “facial covering” means any item worn on the face which covers a student’s mouth, nose, or both.

It’s a short and sweet statement that you shall not mandate face coverings in schools—full stop. This means they are optional—there is no law preventing individuals from adopting them or anyone discussing any harm or benefit. It does, however—because you know how “They” get—include some clarifications.

This provision shall not prohibit any public school board or governing person or body of a school from requiring participating students to wear athletic gear intended to protect against concussive or similar sports-related physical damage, or to wear protective equipment while handling chemicals, fire, or other similar hazardous elements for scientific or similar educational purposes.  Further, this provision shall not prohibit policies that may require facial coverings as part of a student’s individualized education program pursuant to RSA 186-C or accommodation plan pursuant to Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq).  Effective Date.  This act shall take effect 60 days after its passage.

No one is banning helmets in football, and so on. It is sad that you have to make that clarification, but that’s not the problem; Sununu is.

Governor Sununu has been known to ignore his Executive Order Spree on the subject of COVID-inspired statewide overreach and selectively play the local control card. (He vetoed HB1131 the 2022 bill preventing school mask mandates). You know, let the locals decide, except when he doesn’t think that’s a good idea. But both chambers, through investigation and debate, have again discovered that mask mandates are not what many claim and may indeed cause harm. Industrial hygienist Stephen Petty came back to New Hampshire again to try and help pass this bill (he was also here for round one in 2022).

He might need to visit the governor personally over a long lunch because this isn’t our first rodeo with protecting kids and education staff from these mandates.

Has Sununu seen more now that he feels comfortable saying yes this time? It’s his last term, and he doesn’t have to run on it, so it could go either way. He could also allow it to become law without his signature.

We’d be good with any of that but we’re not holding our breath.

Please politely encourage the governor to sign HB1093.

 

 

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