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VOL. 45 | NO. 40 | Friday, October 1, 2021

Gov. Lee extends school mask opt-outs blocked by judges

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DICKSON (AP) — Tennessee Gov. Bill Lee said Thursday that he will extend an executive order that lets families opt their children out of school mask mandates to prevent the spread of COVID-19, despite federal court rulings that have blocked the policy in three counties.

Lee told reporters he will extend the order, which was set to expire on Oct. 5, by 30 days. The Republican said he was "incredibly disappointed" by the rulings against the policy from three federal judges.

"We'll be extending and making provision for that because I believe that parents should be the ones to decide what is best for their children," Lee said.

To date, federal judges have blocked the order from being implemented in Knox, Shelby and Williamson counties. The district attorney in Nashville has pledged not to prosecute teachers or school officials for enforcing their mask requirements without the governor's new required leniency.

Tennessee Attorney General Herbert Slatery said he was pursuing appeals in Shelby and Knox counties. While his office did not disclose why he only chose those counties, the judge overseeing the Williamson County case has only temporarily blocked Lee's order from being enforced.

Meanwhile, the summer spike in new cases in Tennessee has begun cooling off. Over the past two weeks, the rolling average number of daily new cases has decreased by 3,928, a drop of 52.9%, according to researchers at Johns Hopkins University. Tennessee ranks ninth among states for new cases per capita in the past 14 days.

Lee issued the order in August after a handful of Republican lawmakers demanded the governor call a special session so the GOP-dominated General Assembly could halt mask mandates in schools and other COVID-19 safety measures.

Later that month, the U.S. Education Department opened civil rights investigations into five Republican-led states, including Tennessee, that have banned or limited mask requirements in schools, saying the policies could amount to discrimination against students with disabilities or health conditions.

Masks are a key virus-prevention tool that are most effective when worn by a large number of people, public health experts say. The CDC has again recommended them for schools, saying they don't pose health risks for children older than toddler age.

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Jonathan Mattise contributed to this report from Nashville.

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