Mask Mandate Revisited

In early September, the Montana Office of Public Instruction (OPI) released information regarding the August 31 announcement made by Governor Greg Gianforte regarding the Montana Department of Public Health and Human Services (DPHHS) emergency rule to reinforce parental rights regarding masking in schools.

Recognizing parents as the ultimate decision makers on matters pertaining to the health of their children, including on the issue of wearing masks in schools and on school buses, Gov. Gianforte said: "This emergency rule ultimately directs schools to recognize the fundamental rights of parents, and because each child is unique and may face unique challenges, this rule urges schools to empower parents to do what's best for their children."

According to the emergency rule, the six opt-out masking factors are:

"(a) physical health; (b) mental health; (c) emotional health; (d) psychosocial health; (e) developmental needs; or (f) religious belief, moral conviction, or other fundamental right the impairment of which could negatively impact the physical, mental, emotional or psychological health of students."

In a letter dated August 27, State Superintendent of Schools Elsie Arntzen wrote to Education Secretary Miguel Cardona and Centers of Disease Control (CDC) Director Rochelle Walensky, urging local control and acknowledgment of Montana's vast rural geography as it relates to masking on buses.

After signing the emergency rule, DPHHS Director Adam Meier said, "A number of scientific studies indicate that universal mask use among children can adversely affect their health and development, particularly among children with learning or developmental disabilities. DPHHS respects the authority of parents to make health-related decisions in the best interest of their children, including whether wearing a mask in school is appropriate. DPHHS would encourage schools to take into account all of these factors and implement any mitigation strategies in the least restrictive means as possible to maximize learning outcomes for Montana children."

In a circular entitled "Frequently Asked Questions DPHHS Temporary Emergency Rule – Guidance for Schools," Jon Ebelt, Public Information Officer for the DPHHS, shares additional information. One question asks: "Does this mean school districts can self-determine whether to provide the opt-out ability or does this mean school districts must provide the opt-out ability?"

In response, the document reads: "The rule provides guidance that schools and school districts should consult parents on mask mandates in schools and provide students and parents with the ability to opt out of a mask mandate. Recognizing and honoring the fundamental rights of parents, considering the lack of scientific clarity on the extent mask mandates are effective in schools, and reviewing the scientific evidence about the negative impact of prolonged mask wearing on kids, the emergency rule indicates school districts should let parents decide what's best for their kids, in consultation with their medical provider."

Anyone with additional questions about the rule can contact Ebelt by phone or email: 406-444-0936/jebelt@mt.gov.

The emergency rule took effect upon filing on August 31, 2021, and under section 2- 4-303, MCA, and will last for a period of up to 120 days.