Amends TCA Title 49.

This bill prohibits a local board of education or public school from mandating or requiring students, teachers, or employees to wear a mask. Under this bill, a public school must, to the extent practicable, provide a reasonable accommodation to a student, teacher, or employee of the public school who:<br /> <br /> (A) Desires to be placed in an educational setting in which all persons who may come within six feet of another within that educational setting are wearing a mask; and<br /> <br /> (B) Provides a written request for a reasonable accommodation to the school principal. If the student seeking a reasonable accommodation is under 18 years of age, then the student's parent or legal guardian must provide the written request for the accommodation to the school principal on the student's behalf.<br /> <br /> This bill requires the school principal to evaluate the request on behalf of the public school and, to the extent practicable, provide a reasonable accommodation. The principal must issue a decision approving or denying the request in writing. If the principal denies the request, then the grounds for denial must be provided in the principal's written decision. If the school principal approves the request, then the school may place the student, teacher, or employee in an in-person educational setting in which all persons who may come within six feet of another within that educational setting are wearing a mask provided by the public school that meets the U.S. National Institute for Occupational Safety and Health N95 classification of air filtration, meaning that the face covering filters at least 95 percent of airborne particles, including droplets containing the SARS-CoV-2 virus, or a variant of the SARS-CoV-2 virus.<br /> <br /> This bill specifies that it does not prohibit a local board of education or public school from adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act.<br /> <br /> This bill prohibits a local board of education or public school from using state funds to mandate or require students to wear a mask in violation of this bill. If a local board of education or public school violates this provision, then the commissioner of education may withhold future distributions of public school funds from the LEA or public charter school in the amount of the state funds used by the local board of education or public charter school in violation of this provision, or the attorney general and reporter may initiate legal proceedings to recover all state funds used in the violation. A local board of education or public school that violates this provision will not be eligible to receive an appropriation, grant, or other funds from this state until the local board of education or public school is in compliance. This bill specifies that this provision does not prohibit a local board of education or public school from using state funds to purchase a mask that meets the U.S. National Institute for Occupational Safety and Health N95 classification of air filtration, meaning that the face covering filters at least 95 percent of airborne particles, including droplets containing the SARS-CoV-2 virus, or a variant of the SARS-CoV-2 virus, for students, teachers, or employees who receive a reasonable accommodation pursuant to this bill.<br />