A temporary injunction blocking sections of SB 658 was made official on Sept. 8. Nothing changed in the details of what we reported last week, but there are some nuances to the ruling and the current law that are causing some confusion.
What does the temporary injunction mean for school districts?
Districts can now enforce a student mask mandate as long as parents can opt out their students for religious, medical and personal exemptions. (Several districts have already done so, as allowed by the injunction.) Districts may not differentiate between vaccinated and unvaccinated in their student mask mandates.
Can districts require their employees — teachers, support professionals, administrators — to wear masks?
The short answer is yes — but under federal law, they should allow for exemptions for religious or medical reasons. Employers do not have to allow personal exemptions under federal law.
What about visitors to schools?
Visitors can be required to follow the same rules as school employees.
Does the temporary injunction allow schools to require vaccinations?
No, that issue has been reserved for a decision on the merits to consider whether to issue a permanent injunction enjoining enforcement of all provisions of SB 658; but that portion of the law remains in place until the matter is heard on the merits.
How long will the temporary injunction blocking SB 658 be in place?
The judge’s order will remain in effect until the district court has a hearing to consider the merits of the claims and whether or not to issue a permanent injunction. The timing depends on the court – it could be few weeks, or even longer.
