The Kentucky House has approved House Bill 51, which would allow parents of students in public K-12 schools to opt out of any COVID-19-related facial covering guidance issued by local school boards. Local school districts have already switched to mask-optional policies.
An amended version of HB 51 advanced off the House floor on Tuesday by a 56-35 vote.
The bill would allow parents to opt their child out of submitting to any type of medical procedure related to COVID-19, including testing or vaccination, and wearing any type of medical device in response to COVID-19. Parents would not be required to submit any certification or documentation to secure an exemption.
Another provision of the bill would prohibit public colleges and universities from requiring facial coverings or medical devices in response to COVID-19. COVID-19 testing and vaccine requirements would also be prohibited. The bill would make exceptions for those on campuses providing medical or dental services or conducting clinical research.
The bill’s primary sponsor, Rep. Lynn Bechler, R-Marion, said HB 51 does not seek to ban masks in school completely.
“This legislation doesn’t outlaw mask wearing; it simply makes mask wearing optional from preschool through college,” Bechler said.
During discussion of the bill, several lawmakers expressed concerns about HB 51 impeding on local control.
House Minority Whip Angie Hatton, D-Whitesburg, said she voted in favor of legislation from the 2021 Special Session that ended the statewide mask mandate and gave that power to the local school boards because it was what was best for her district. Hatton said her beliefs have not changed.
Rep. Jason Nemes, R-Louisville, said he believes HB 51 actually ensures local control.
“What we’re doing here today is removing governmental control over that decision and putting it again to the most local level, which is parents,” Nemes said.
Some House members pointed out that most schools across the Commonwealth have recently lifted their mask mandates due to declining COVID-19 case numbers.
HB 51 will now go before the Senate for consideration.
