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Loudoun County vs Virginia: Principals trained to obtain trespass warrants against maskless students

School heads were offered a step-by-step guide on how to obtain a warrant or summons against maskless students

A leaked email has revealed how principals in Virginia's Loudoun County Public School District were trained to apply for a warrant from a magistrate against any student trying to enter school premises without a face mask.

The Loudoun County School Board voted 8-1 in favor of keeping students in masks despite the state's new Republican Governor Glenn Youngkin's executive order that allows parents to opt-out of school mask mandates. Now, it has emerged that an email sent out last Tuesday by Loudoun County Public Schools Director of Safety and Security John Clark offered a step-by-step guide to school heads on how to obtain a warrant or summons against maskless students.

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The contents of the email, which were shared widely on social media, stated that the authorities wouldn't get involved with students who were maskless or refused to wear one unless principals obtained a trespass summons or warrant issued by a magistrate in advance. Clark noted how the Loudoun Police Department and Loudoun County Sheriff's Office wouldn't "enforce a suspension letter/no trespass without a trespass summons/warrant being issued from a magistrate."

Clark even supplied a phone number that school heads could call in order to reach a Safety & Security officer, who would take the principal or administrator directly to the magistrate before they could issue a summons or warrant that could be enforced by law enforcement. "If you determine that an individual should be trespassed then a school admin representative, in conjunction with S&S Coordinator Rich Thomas, will proceed to the magistrate to swear out a trespass summons/warrant," the email explained. Under Virginia law, trespassing is a Class 1 misdemeanor punishable by up to a year in jail and a fine of up to $2500. "As always, threatening or violent behavior should and will be dealt with immediately and without hesitation. Stay safe!" Clark added.   

Meanwhile, the email also explained steps that could be taken against parents so they could be restricted from entering school premises. "Parents should only be admitted at your discretion," Clark said, suggesting schools should set up "outdoor parent gathering areas." He added, "While parents have certain educational rights they do NOT have the right to enter your school without proper vetting and permission."

A Virginia state judge in Arlington raised eyebrows on Friday after issuing a temporary restraining order against Youngkin's executive order. The governor's office has said it will appeal the decision. According to the Daily Mail, three days after Clark's email, Loudoun County Public Schools Superintendent Dr Scott Ziegler appeared to push back on its contents and stressed that no students were going to face arrest. "LCPS does not have the authority to arrest or charge any suspended students or their parents for trespassing," said Ziegler. "Furthermore, LCPS has not requested that local law enforcement charge any student with trespassing in connection with recent suspensions. This is standard practice and a warning that appears on all suspension notices. Again, students suspended for defiance of COVID mitigation protocols will not be charged with trespassing."

Ziegler insisted that LCPS had not asked the authorities to charge any student with trespassing with respect to recent suspensions. "I want to emphasize that, despite some unverified reports in the media, no students have been arrested for trespassing," he said. "Media accounts stating that LCPS is arresting students are not accurate and create fear and potential harm for our students. We want to assure the community that our primary goal is to keep students in school, learning, and safe."

Loudoun County Public Schools suspended 29 students last week after they refused to comply with their schools' mask mandate. "They were suspended under an existing policy, 8210, for willful or continued disobedience of school rules and school personnel. The issue involved was a failure to follow LCPS COVID-mitigation measures," LCPS' Public Information Officer Wayde Byard said, adding that students are to remain suspended "until they comply with wearing a mask inside school buildings, or for a maximum of 10 days."