Senate Bill 173: Free the Smiles Act — Analysis of Conference Committee Substitute S173-CCSTC-6 (February 17, 2022)

Summary

Staff bill analysis of Senate Bill 173, Free the Smiles Act, 2021-2022 General Assembly, dated February 17, 2022, for the House Education - K-12 committee. It analyzes the Conference Committee Substitute S173-CCSTC-6, introduced by Sens. Krawiec, Burgin and Perry and prepared by staff attorneys Kara McCraw and Samantha Yarborough. The analysis says the substitute would let parents opt their children out of face covering requirements in public school units, bar different treatment of children without face coverings, limit liability for school units, and repeal the monthly votes required by Section 10 of S.L. 2021-130. Its background section says the substitute would not allow an opt-out from the CDC Order (86 FR 8025) of January 29, 2021 requiring masks on school buses.

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Full text

                                                     SENATE BILL 173:
                                                     Free the Smiles Act.
      2021-2022 General Assembly
     Committee:     House Education - K-12                                                                          Date:        February 17, 2022
     Introduced by: Sens. Krawiec, Burgin, Perry                                                                    Prepared by: Kara McCraw and
     Analysis of:   Conference Committee Substitute                                                                              Samantha Yarborough
                    (S173-CCSTC-6)                                                                                               Staff Attorneys

     OVERVIEW: The Conference Committee Substitute for SB 173 would do the following:
             •     Allow parents to opt their children out of face covering requirements in public school units.
             •     Prohibit children not wearing face coverings from being treated differently than children
                   wearing face coverings.
             •     Limit the liability for public school units when allowing parental opt-out of face covering
                   requirements, unless the act or omission amounts to gross negligence, willful or wanton
                   conduct, or intentional wrongdoing.
             •     Repeal the requirement for monthly votes on face covering policies in public school units for
                   the current school year.
     CURRENT LAW: Sec. 10 of S.L. 2021-130 requires, during the 2021-2022 school year, all public school
     units to adopt a policy regarding the use of face coverings by employees and students. The governing body
     of the public school unit must vote at least once a month on whether the face covering policy should be
     modified.
     BILL ANALYSIS: Part I would allow the parent of a student to elect for their child to not wear face
     coverings while on public school unit property or while attending early childhood programs located on
     public school unit property, notwithstanding any other State or local law, rule, or policy.
     The public school unit would be required to adopt a process for parents to provide annual notification of
     this election. The parent would not have to provide a reason for opting out and could not be required to
     certify the student's health or education status.
     Students not wearing face coverings would be required to be treated the same as students wearing face
     coverings, including with regards to any of the following: classroom assignments, course assignments,
     non-academic portions of the school day, extracurricular activities, student discipline, and academic
     grading.
     Public school units and the members of the governing board, employees, designees, agents, or volunteers
     would not be liable for any act or omission in compliance with allowing parental opt-out of face covering
     requirements, unless the act or omission amounts to gross negligence, willful or wanton conduct, or
     intentional wrongdoing.
     Part II makes conforming changes to other statutes to provide cross-references to the change in Part I.
     Part III repeals the requirement that governing boards of public school units adopt and vote monthly on a
     face covering policy for the 2021-2022 school year.
                                                                                                                                                             Legislative Analysis
     Jeffrey Hudson
                                                                                                                                                                   Division
         Director                                 S173-SMTC-132(CCSTC-6)-v-2                                                                                   919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
Senate 173 CCS
Page 2


EFFECTIVE DATE: The conference committee substitute would become effective when it becomes
law.
BACKGROUND: The Centers for Disease Control and Prevention (CDC) issued an Order (86 FR 8025)
on January 29, 2021, requiring the wearing of masks by travelers on conveyances, including school buses.
The Order can be found here. The conference committee substitute to Senate Bill 173 would not allow for
an opt-out to the CDC requirement that students wear masks on school buses.


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