SC Sen. Hembree, Horry County school board spar over nuances of mask mandate proviso
South Carolina State Sen. Greg Hembree told Horry County school board members Monday they could vote to impose a mask mandate without violating state law, sparking a debate about how to interpret a proviso in the state budget that addresses masks in schools.
A proviso, or a one-year law attached to the state budget by the General Assembly, says school districts and individual schools can’t use funds “appropriated or authorized pursuant to this act to require that its students and/or employees wear a face mask at any of its education facilities.”
Hembree, a Republican from Horry County, wrote an opinion piece Sept. 23, in McClatchy’s South Carolina newspapers arguing school districts could vote to use federal funding or coronavirus relief money to enforce mandates, effectively allowing mask mandates to be implemented without violating the proviso.
He argued school boards could pass a resolution with clear language saying no state funding would be used for the enforcement of a mask requirement and use relief funding to hire “public health enforcement officers.”
“To impose a mask mandate merely requires the will of the local school board,” Hembree wrote.
After Hembree’s statement was published, school board member Howard Barnard, who represents Surfside Beach and St. James, invited him to talk to the board.
Hembree maintains he’s not advocating for a mandate, nor is he supporting the absence of a mandate. He said he is interpreting the law in a way that mask mandates could move forward in South Carolina school districts.
Horry County Schools (HCS) has recorded nearly 3,000 COVID-19 cases among students and staff since the beginning of the school year Aug. 17, according to district data. The district has said it won’t require masks, despite other large South Carolina districts going against the proviso to do so and a potential path to federal funding if masks are required.
Monday’s discussion didn’t result in a motion or vote on the matter. It was noted on the agenda as a “legislative update.”
Mask proviso debated
The debate grew heated at times, and HCS Superintendent Rick Maxey said he disagrees with Hembree’s interpretation of the law. Maxey said the wording of the proviso also prohibits school districts from using certain coronavirus relief dollars from the Elementary and Secondary School Emergency Relief (ESSER) fund for the enforcement of a mask mandate.
He referenced the following part of the state budget: “Of the funds appropriated to the Department of Education, the department shall ensure that school districts are made aware of all the permissible uses of ESSER funds that are at their disposal,” connecting the use of the word “appropriated” to the use of the same word in proviso 1.108.
Some school board members, including Sherrie Todd, expressed frustration with the changing advice coming from lawmakers throughout the pandemic.
“You not only tied our hands behind our back, you handcuffed us,” said Todd, who represents Myrtle Beach and Carolina Forest. “You took our authority away to be able to do what we felt was right, the right thing to do for our students and our staff … When I see children, I don’t see Democrats or Republicans, I see children and our children have been sick.”
Maxey also pointed out the South Carolina Supreme Court struck down a mask mandate in the city of Columbia that also covered schools and daycare centers. Maxey said another ruling relating more directly to school districts could guide HCS board members as to whether a mask mandate is technically permitted or not.
