Montana rule urges schools to give parents say on masks

Editor's note: This article was updated on Sept. 1 to include information that West Glacier School also requires masks.

HELENA (AP) — Montana Gov. Greg Gianforte announced a rule Tuesday that encourages schools to give parents final say on whether children should wear facial coverings after several large districts imposed mask requirements amid surging Covid-19 infections in the state.

It comes a day after the U.S. Department of Education opened civil rights investigations into five Republican-led states that have banned or limited mask requirements in schools, saying the policies could amount to discrimination against students with disabilities or health conditions.

Gianforte, a Republican, stopped short of issuing an outright order. Still, medical experts said the rule would likely weaken public trust in masks as an effective tool to combat Covid-19.

The governor said in a statement that masking in schools, which is recommended by the U.S. Centers for Disease Control and Prevention, is "based on inconclusive research." He also said masking could have adverse effects on children's "health, well-being and development."

The CDC issued its guidance in light of the rapid spread of the highly contagious delta variant of Covid-19. A growing body of evidence suggests masks are highly effective in limiting the spread of the virus in schools.

The new rule says schools should consider "parental concerns" when adopting mask mandates and should provide parents the ability to opt out of health-related mandates for a wide array of reasons, including physical and mental health, developmental needs, religious beliefs and moral convictions.

Adam Meier, director of the state health department, said in a statement that the agency "would encourage schools to take into account all of these factors and implement any mitigation strategies in the least restrictive means as possible to maximize learning outcomes for Montana children."

THREE DISTRICTS in Flathead County have chosen to require masks this school year — Whitefish, Somers-Lakeside and West Glacier.

The Whitefish School District is requiring students and staff in kindergarten through sixth grade to wear masks while indoors. Masks are optional — but strongly encouraged — for grades seven through 12. (Children younger than 12 aren't yet eligible for Covid-19 vaccinations.)

In an email to families Tuesday afternoon, Whitefish Superintendent Dave Means said the district "reads the rule as permissive as it specifically provides that school districts 'should consider' parental concerns and 'should provide' an opt-out system for certain reasons. The district has done both."

"The district will continue to follow its current face covering guidelines to ensure the safety and welfare of students and staff," Means wrote.

Means said the district has heard "hours of public comment from parents and others in the community on this issue, demonstrating its clear desire to take the wishes of parents into account." He said the district would work with any families that want to opt out of the mask requirement.

"However, should they opt out, they are opting into learning off-campus with remote learning," he wrote. "Parents seeking a remote learning option should contact their school principal."

Lastly, Means said those seeking medical or religious exemptions or accommodations should call the district's director of students services at 406-862-8655.

The Somers-Lakeside School District, meanwhile, planned to require all students to wear masks for the first six weeks of classes, which begin Sept. 7, though the school board is scheduled to revisit that decision amid backlash from parents.

Somers-Lakeside Superintendent Joe Price said he expected to get an interpretation of the Gianforte administration's new rule on Wednesday after consulting with an attorney and attending weekly meeting of the Northwest Montana Association of School Superintendents.

The Somers-Lakeside School Board is scheduled to meet at 6 p.m. Thursday at Somers Middle School to review the district's mask policy. The board is expected to vote to either keep or rescind the policy.

"We're holding a special board meeting on Thursday evening because there were a lot of people who felt they weren't able to voice their concerns about masking, and we want to give them an opportunity to do that," Price said.

West Glacier School is also requiring masks and plans to revisit the mandate on a monthly basis.

AMANDA CURTIS, president of the Montana Federation of Public Employees, which represents many of the state's public school teachers, lambasted the rule as "just more political grandstanding that does nothing to help keep Montanans safe or keep our schools/economy open."

"It says schools should do what they are already doing — consider public input and provide reasonable accommodation to those requiring it," Curtis said in a statement. "Schools are already doing this through individualized consideration of each and every request for accommodation."

Other districts that have implemented mask requirements include Missoula and Billings. In Missoula, a group of parents who oppose the mandate has sued. They cite the same research mentioned by Gianforte, including a CDC study from May 2021 that found masking in schools did not have a statistically significant impact on the spread of Covid-19.

In a letter to parents and staff Tuesday, Helena Public Schools Superintendent Rex Weltz wrote that the district would continue its mask requirement for students in pre-kindergarten through eighth grade. Students who opt out of wearing a mask can access virtual learning rather than attending school in-person.

Weltz said the policy represents "the least restrictive guidelines necessary to preserve the health and safety of students and staff."

In Billings, Superintendent Greg Upham said schools will continue to require masks for all students and staff. The district will offer virtual learning for students who won't wear face coverings.

A GROUP of medical associations called a meeting to discuss their response to the rule. Several medical experts cited concern over the possibility that it would reduce masking as Covid-19 infections surge across Montana.

"I worry that the governor's office is stepping out of its usual role in trying to interpret medical literature in a way that's going to be confusing to parents," said Dr. Lauren Wilson, vice president of the Montana Chapter of the American Academy of Pediatrics. "In the context of heightened emotions right now, that is a poor choice."

Dr. Greg Holzman, Montana's former chief medical officer who served through April, said he did not understand the reasoning for the new rule because it is not binding.

"I don't think it helps when we are trying to bring our communities together to work together to end this pandemic," he said. "I'm not sure what this really adds except for challenges."

Holzman said data used to back the rule was cherry-picked to fit the administration's views on masks.

"I just don't understand where they're pulling this and why they are choosing these few articles and don't have any comments on any of the other stuff coming out," he said.

Flathead County Health Officer Joe Russell said he couldn't understand why the Gianforte administration was exerting influence over decisions made by local school boards.

"I think they should have the flexibility to impose mask use," Russell said. "Why should we take that tool away from the school districts?"

Russell emphasized that vaccination and limiting time spent in crowded indoor spaces are the best ways to limit the spread of the virus. Masking is not a silver bullet but an additional layer of protection, he said.

Russell noted the virus is transmitted via airborne droplets from people's noses and mouths, many of which can be captured by a simple cloth mask.

"Masks are not some panacea," he said. "They're only good if everyone wears them properly."

Daily Inter Lake assistant editor Chad Sokol and reporter Hilary Matheson contributed to this report.