On Tuesday, Governor Bill Lee told Clay Travis and Buck Sexton on their nationally syndicated radio program, “our executive order actually gives the school district the authority to impose a mandate, but it gives the parent the ability to opt out of that if they choose it.”
“I have always been a really strong believer that parents know best what their children need. So I’m a parent. I raised four kids, got eight grandkids. No one knows their kid like the parent. No one cares about their children more than their parents, and so in the middle of all of this covid world that we’re living in, which is people,” Lee told Travis when asked about Executive Order No. 84, signed by the governor on Monday.
“There’s a lot of fear, a lot of frustration, and a lot of anger, at the end of the day I think when we think about children in schools and covid and masks and vaccinations, it ought to be left up to the parent. I’m also a believer in government that’s closest to the people is the best. So I think local decision-making is important,” Lee continued.
“So our executive order actually gives the school district the authority to impose a mandate, but it gives the parent the ability to opt out of that if they choose it,” Lee stated. (emphasis added)
The actual language of Executive Order No 84 states:
I, Bill Lee, Governor of the State of Tennessee, having declared a continuing state of emergency by Executive Order No. 83, dated August 6, 2021, and by virtue of the power and authority vested in me by the Tennessee Constitution and other applicable law including Tennessee Code Annotated§ 58-2-107, do hereby order that a student’s parent or guardian shall have the right to opt out of any order or requirement for a student in kindergarten through twelfth-grade to wear a face covering at school, on a school bus, or at school functions, by affirmatively notifying in writing the local education agency or personnel at the student’s school.
Buck Sexton then asked Lee about anticipated pushback from some school boards against this executive order.
“Governor Lee, it’s Buck here. So are some of the cities, localities…? Are any of them trying to take some kind of action against this? Are they fighting? Are they saying they’re going to ignore it or try to take you as governor to court? How is this being received?” Sexton asked.
“Well, you know, this just happened yesterday afternoon; so, you know, we’re kind of getting some first responses of a couple of districts that have said, you know, they’re looking at their legal options. What I hope is that those districts… We have some almost 150 districts in our state. There are two of them that have kept their schools closed the longest, have been most…frankly, have had the worst outcomes academically of the rest of our districts,” Lee responded.
“Most of the districts in this state have figured out how to navigate this forward. Actually, a couple of them had already imposed a mandate with an opt-out. I’m hopeful that these two districts that have already spoken up will actually realize, ‘Hey, this makes a lot of common sense. The rest of the districts in this state have figured out how to do it; we should too’,” Lee added.
“What would you tell parents who are in… The two districts are Nashville and Memphis… mostly city schools. What would you tell parents there who may not want their kids to wear masks but the school districts are saying, ‘Hey, we don’t care necessarily about the governor’s order; you are expected to wear a mask in this school’? How should parents respond, in your mind, in Davidson County and in Shelby County and in Nashville and in Memphis?” Clay Travis asked Lee.
“I think one of the things that’s been important to me is that parents have really put voice to this all across the country, and it’s a part of what has occurred even in Tennessee. Parents have made their voices known, and they ought to make it known in the two counties and the two the school districts that we have that are making noise about not complying with the law. I would encourage parents to make their voice known and to let them know that the law as it stands is for them to opt out if that’s what they want to do,” Lee answered.
According to the Tennessee Code, the governor is responsible for addressing the dangers presented to the state and its people by emergencies. He or she may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law. Tennessee Code also gives the governor the power to “suspend any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with any such law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency.”
You can read the full interview here.
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Chris Butler is an investigative journalist at The Tennessee Star. Follow Chris on Facebook. Email tips to [email protected].
