COLUMBIA, S.C. — The South Carolina Department of Education has rescinded the policy requiring masks in schools, saying it doesn't want to get into further debate with the governor but adding that he incited division over the policy in recent weeks.
The department said Wednesday State Education Superintendent of Schools Molly Spearman is dropping the rule effective immediately. The move comes a day after McMaster issued an executive order ending face mask rules put out by cities and by school districts.
The Department of Education said they believe there is no legal ground for Governor McMaster's order. The department does not believe McMaster's can overturn the actions of another state constitutional officer--in this case Spearman--who doesn't get her powers from the executive branch. The agency feels only the General Assembly could overturn it.
"The Governor thoroughly understands the rule of law and surely recognizes this but has been successful in his mission of circumventing public health guidance by inciting hysteria and sowing division in the waning days of the school year," the agency said.
But the agency says they won't want to wage a debate over the constitutionality that "would pit elected officials, students, and families against one another." So Spearman relented and agreed to drop the face mask rule except on school buses. which is required by the federal government.
The SCDE has also recommended that school boards speak to legal counsel about liability protections and DHEC's opt out form. They continue to ask school districts to follow DHEC health guidance.
Earlier in the day, the state's health agency, DHEC, came up with an opt-out form for masks that parents and guardians can sign with their students. The opt-out form is available here.