Local school officials, state rep differ on attorney general’s mask exemption letters

Before Gov. John Bel Edwards’ temporary statewide indoor mask mandate went into effect on Wednesday, Louisiana Attorney General Jeff Landry shared with the public the framework documents he sent to his employees that parents could use to seek mask and vaccine exemptions for their children in schools. Citing state statutes, the form letters claim religious, philosophical and even health concerns. 

Would such letters from parents who wish to send their children to schools maskless work? Some area school officials say no — while a local state representative believes it’s a possibility. 

“I don’t know whether schools are going to widely accept the letter. By what I see in state statute, they’re required to, but I’m not an attorney,” said State Representative Beryl Amedée, who represents the parishes of Assumption, Lafourche, St. Mary and Terrebonne. “And so, we’re going to have to request a formal opinion from the attorney general so that he can give guidance — that way the schools will be comfortable with whatever decision he makes.”

According to Amedée, the COVID-19 vaccines on the market are only approved for federal emergency use and not fully approved by the U.S. Food and Drug Administration (FDA), so they can’t be added to the list of the immunizations students should receive before attending school. However, once the FDA fully approves them, they could be included in the list of the immunizations that students are supposed to receive to attend school, she said. When they are FDA-approved, the vaccines will fall under the same restrictions and guidelines that other school immunizations fall under, according to Amedée, who shared Landry’s letters on social media. 

“And so at that time, parents would be able to submit a letter of dissent if they do not want their child to receive a COVID shot. Well, masks are not included specifically in that section of law because we’ve never needed them to be included before. It’s always been accepted that masks on the faces of the general public in everyday use are not necessary,” Amedée said. “And so right now, masks on the faces of the general public are also under emergency use authorization. So by the same guidelines that are present in the Nuremberg code, masks can not be mandated either. And so, it’s not surprising that a number of parents would object to this.”

Yet, two local superintendents don’t see how the framework documents by Landry would quash the executive order. “No — I don’t think any of that can override the governor’s mandate,” said Philip Martin, Superintendent of the Terrebonne Parish Schools. “The attorney general said it’s not legal advice. It’s advice. It’s just information.” In his social media post, Landry said state law prohibits his office from providing legal advice to individuals and businesses. Still, as a matter of public record, he released the framework documents. 

“The governor’s executive order is very clear for most situations in which a person is not expected to wear a mask. First, there’s a medical reason. Then it goes on to cite certain situations that a person without a medical situation doesn’t have to wear a mask, such as being outdoors, eating, giving a speech…Outside of that, it is our duty to enforce state laws,” said Jarod Martin, Superintendent of Lafourche Schools. 

On Wednesday, Edwards sent a letter to Louisiana Education Superintendent Dr. Cade Brumley to clarify parents’ confusion about the mask mandate. He said the letter is a response to Landry’s letter that “ignores the fourth surge of COVID-19 and seeks to undermine confidence in one of the most effective tools in combatting rising cases, hospitalizations and deaths.” 

Edwards’ letter reads: “As you know, unlike many other states, Louisiana had a relatively safe and successful in-person year last year in large part because of masking by students. The need for this school year to start with our students wearing face coverings has only been made clearer since I announced this order on Monday. We are in, as Dr. Catherine O’Neal at Our Lady of the Lake stated in the Monday press conference, ‘the darkest days of the pandemic.’ Our hospitals throughout the State are at capacity and are having to turn away COVID and nonCOVID patients alike. We simply must reverse the trajectory we are on – and right now. We can and will see our way through this darkness, but it will only be through more vaccinations and masking in public places in this critical time. 

“I very much appreciate your efforts, and the heroic work of educators in this challenging time. By adopting these measures – and ignoring those that are unwilling to acknowledge the current crisis – we can keep our kids in school this year and keep them safe. Please feel free to forward this letter on to any school districts that may be addressing this issue.”

As a line gets drawn in the sand between anti-masking parents and school leaders, Amedée says it’s being suggested that school districts prepare to accommodate for masked and unmasked students. “At this point in time, it’s being recommended that the schools develop a policy or a plan for what they’re going to do with the students who come with masks and for the students who will not be coming with masks,” she said. “There are some options. They could say that the students who are not comfortable wearing a face mask or the parents wouldn’t allow them to wear a face mask could do virtual schooling from home. They could set up alternate classrooms where the students who are masked and the students who are not masked are not spending the entire day together in close proximity.”

“I trust that the administrators of the schools are going to work with parents that they hear from, and I imagine that the policies will vary from school to school — as they should,” Amedée continued. 

Jarod Martin doesn’t foresee such measures taking place. “I can’t even imagine the logistical hurdles [alternate classrooms] would put in place from both a staffing and an operational standpoint. Principals could not accommodate that in a way that would be meaningful, nor do I think parents would want that,” he said. 

Philip Martin said the Terrebonne school officials aren’t contemplating such moves. 

Both superintendents believe students refusing to wear masks indoors won’t be an issue this academic year. “We had masks last year; this is not a new rodeo. We didn’t have any problems,” Philip Martin said. “This is a difficult time. The coronavirus is raging, and the governor had to make difficult decisions. And no one likes wearing a mask — I get it. I wish we wouldn’t have to. But, under the circumstances, the governor has issued a mask mandate…And until someone says no, we plan to do that.”

Feature photo by Kelly Sikkema

NOTE: Interviews were conducted before the start of Lafourche and Terrebonne public schools.