Last week, Democrats in both the State House and Senate called for a special legislative session to repeal the proviso at the center of the political battle over mask mandates in public schools.
Passed in June, Proviso 1.108 states that school districts may not use state funds to enforce mask mandates or vaccinations for students, faculty, or staff. Governor Henry McMaster and Attorney General Alan Wilson have interpreted the proviso to be a total ban on mask mandates in public schools, going so far as to sue cities who attempt to enforce face coverings in schools.
But with the rise of the Delta variant and the increased vulnerability of children under 12 years of age who cannot receive the COVID-19 vaccine, health professionals and teachers across the state have stressed the importance of face coverings for students.
House Democrats led the charge last Monday via a statement from Minority Leader Todd Rutherford.
“Local school districts must act to mitigate the spread — and they must be allowed to act without the threat of being sued by the Attorney General,” Rutherford wrote. “The last thing the State of South Carolina should be doing is tying the hands of local leaders who want to protect their communities.”
Later that Monday, a bipartisan group of State Senators released a statement reiterating the House Democrats’ request for a special session to reconsider the proviso.
The following day, House Democrats, Senate Democrats, and the Legislative Black Caucus convened for a press conference to again call for a special session.
“This is not about Democrats or Republicans,” said Rep. Russell Ott. “We are not here to criticize anyone for their vote back in June, when the seven-day average of new cases stood at 150. Today, however, that seven-day average is 3,390 and school officials need to implement measures they feel necessary to keep the children of South Carolina safe.”
“We must do the right thing. Getting kids back in the classroom should never be based on politics. Instead, our politics should be based on public health,” said Rep. Pat Henegan, Chairwoman of the Legislative Black Caucus.
After the South Carolina Supreme Court cleared the way for colleges to implement mask mandates, some local governments and school districts began to enforce face coverings for students in public schools in spite of potential legal retaliation from McMaster and Wilson.
Their defiance of the Governor and Attorney General is admirable, but as long as the controversial proviso remains, the state’s top officials will continue to have an excuse for their irresponsible and deadly anti-mask policies.
Rutherford and the House Democrats are right: if basic safety measures like mask mandates are not enforced, schools will continue to close and children will continue to suffer. It’s time for Governor McMaster to finally listen to his constituents and reconvene the legislature for a special session to repeal the mask proviso.