                                 CODE OF VIRGINIA

PROVISION OF IN-PERSON INSTRUCTION (§ 22.1-2.1)

A. As used in this section, &#8220;in-person instruction&#8221; means
instructional interaction between teachers and students that occurs in person
and in real time. &#8220;In-person instruction&#8221; does not include the act
of proctoring remote online learning in a classroom.

B. Except as otherwise permitted in subdivision C 4 of &#xA7; 22.1-98 or Article
3 (&#xA7; 22.1-276.01 et seq.) of Chapter 14, each school board shall offer
in-person instruction to each student enrolled in the local school division in a
public elementary and secondary school for at least the minimum number of
required annual instructional hours and to each student enrolled in the local
school division in a public school-based early childhood care and education
program for the entirety of the instructional time provided pursuant to such
program.

C. Notwithstanding any other provision of law or any regulation, rule, or policy
implemented by a school board, school division, school official, or other state
or local authority, the parent of any child enrolled in a public elementary or
secondary school, or in any school-based early childhood care and education
program, may elect for such child to not wear a mask while on school property. A
parent making such an election shall not be required to provide a reason or any
certification of the child&#8217;s health or education status. No student shall
suffer any adverse disciplinary or academic consequences as a result of this
parental election. Nothing in this section shall be construed to affect the
Governor&#8217;s authority under Chapter 3.2 (&#xA7; 44-146.13 et seq.) of Title
44 to accomplish the purposes of such chapter with regard to a communicable
disease of public health threat as defined in &#xA7; 44-146.16.

HISTORY: 2022, cc. 2, 780.