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Federal judge rules in favor of Virginia families who sued over mask-optional policy in schools

The parents of immunocompromised students said their rights were being violated under the Americans With Disabilities Act.

VIRGINIA, USA — It's a win for families of immunocompromised students in Virginia.

On Wednesday a federal judge ruled in favor of those students who claimed their rights under the Americans With Disabilities Act were being violated. 

The judge ruled that a handful of schools in the commonwealth could require masks to protect about a dozen immunocompromised children. Their families sued over Virginia's mask-optional policies, and this ruling now allows those families to ask their individual schools to require masks again.

It's been a controversial topic in Virginia schools for the last several months. Last month, Virginia Gov. Glenn Youngkin signed a bill into law ultimately leaving it up to parents to decide whether or not their child wears a mask to school. 

That left parents of immunocompromised students concerned.

The ACLU filed a lawsuit on behalf of 12 Virginia families saying their rights were being violated under the Americans with Disabilities Act. On Wednesday, a federal judge sided with those families. 

While the judge game them a right to ask their schools to enforce some type of mask mandate for safety, it does not require those schools to do so.

Virginia Attorney General Jason Miyares issued a statement following the ruling. 

“Today’s ruling affirms that Governor Youngkin’s Executive Order 2 and Senate Bill 739 is the law of Virginia and parents have the right to make choices for their children,” the statement said.

Meanwhile the ACLU of Virginia, who filed the lawsuit, tweeted out its own statement.

"We are glad the court agreed: No student should have to risk their lives to go to school," the tweet says.

In total, 10 school districts are impacted by the ruling. In our area that includes Manassas City Public Schools, Loudoun County Public Schools and Fairfax Public Schools. 

RELATED: Here's where school mask guidance in DMV area is easing

RELATED: Fairfax County Public School board files legal motion stating Virginia's mask mandate is unconstitutional, parents file one right back

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