Governor Gianforte Announces DPHHS Emergency Rule to Promote Parental Rights Regarding Masking in Schools

The Montana Department of Public Health and Human Services (DPHHS) issued an emergency rule last week to promote the role of parents as the ultimate decision makers on matters pertaining to the health of their children, including on the issue of wearing masks in schools.

"Montana students deserve to be back in their classroom in as normal and safe an environment as possible. Montana parents deserve to know their voices are heard in schools when health-related mandates for their children are being considered. They also deserve to know that schools are reviewing reliable data and scientific research about the impacts of mask mandates on students," Governor. Gianforte said.

"Unfortunately, mandating masks for students is based on inconclusive research that fails to prove masks' effectiveness in reducing the incidence of COVID-19 in the classroom. Simply put, our children shouldn't be subject to arbitrary mask mandates when schools can't follow the science because there's a lack of meaningful, reliable research. On the other hand, some scientific studies we've carefully reviewed undoubtedly reveal the adverse impacts of masking on a child's health, wellbeing, and development," Gov. Gianforte continued. "This emergency rule ultimately directs schools to recognize the fundamental rights of parents, and because each child is unique and may face unique challenges, this rule urges schools to empower parents to do what's best for their children."

The emergency rule, issued by DPHHS, reads in part,

In order to provide for the health, well-being, rights, and educational needs of students, schools and school districts should consider, and be able to demonstrate consideration of, parental concerns when adopting a mask mandate, and should provide students and/or their parents or guardians, on their behalf, with the ability to opt-out of health-related mandates, to include wearing a mask or face covering, for reasons including:

(a) physical health;

(b) mental health;

(c) emotional health;

(d) psychosocial health;

(e) developmental needs; or

(f) religious belief, moral conviction, or other fundamental right the impairment of which could negatively impact the physical, mental, emotional, or psychosocial health of students.

Underscoring the detrimental impact that universal masking may have on children, the rule cites a body of scientific literature that shows side effects and dangers from prolonged mask wearing.

After signing the emergency rule, DPHHS Director Adam Meier said, "A number of scientific studies indicate that universal mask use among children can adversely affect their health and development, particularly among children with learning or developmental disabilities. DPHHS respects the authority of parents to make health-related decisions in the best interest of their children, including whether wearing a mask in school is appropriate. DPHHS 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."