Vermont H 393: An act relating to the prohibition of requiring face masks in schools

Bill Text

BILL AS INTRODUCED H.393
2025 Page 1 of 3

VT LEG #380144 v.4
H.393 1
Introduced by Representatives Burtt of Cabot, Bosch of Clarendon, Coffin of 2
Cavendish, Dobrovich of Williamstown, Morgan, L. of Milton, 3
Nelson of Derby, North of Ferrisburgh, Powers of Waterford, 4
and Tagliavia of Corinth 5
Referred to Committee on 6
Date: 7
Subject: Education; public schools; independent schools; postsecondary 8
schools; approved education programs; masks; face coverings; private 9
right of action 10
Statement of purpose of bill as introduced: This bill proposes to prohibit 11
public schools, independent schools, postsecondary schools, tutorial programs, 12
and approved education programs from requiring or mandating any student, 13
employee, or member of the public to wear a face mask to prevent or minimize 14
the spread of any pathogen. It proposes to creates a private right of action for 15
damage, loss, or injury as a result of any conduct prohibited by this bill. This 16
bill also proposes to require any direction the Governor may give to State or 17
local boards of health during an emergency to comply with the prohibition on 18
requiring or mandating masks in schools. 19
An act relating to the prohibition of requiring face masks in schools 20

BILL AS INTRODUCED H.393
2025 Page 2 of 3

VT LEG #380144 v.4
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 16 V.S.A. § 1390 is added to read: 2
§ 1390. PROHIBITION ON REQUIRING FACE MASKS 3
(a) No public school, independent school, postsecondary school, tutorial 4
program, or approved education program may require or mandate any student, 5
employee, or member of the public to wear a face mask or covering with the 6
intent to prevent or minimize the spread of any pathogen as a condition for in-7
person attendance. 8
(b) A person who has been injured by a violation of this section may bring 9
an action in the Civil Division of the Superior Court for damages, injunctive 10
relief, punitive damages in the case of an intentional violation, and reasonable 11
costs and attorney’s fees. 12
Sec. 2. 20 V.S.A. § 9 is amended to read: 13
§ 9. EMERGENCY POWERS OF GOVERNOR 14
Subject to the provisions of this chapter, in the event of an all-hazards event 15
in or directed upon the United States or Canada that causes or may cause 16
substantial damage or injury to persons or property within the State in any 17
manner, the Governor may declare a state of emergency within the entire State 18
or any portion or portions of the State. Thereafter, the Governor shall have and 19
may exercise for as long as the Governor determines the emergency to exist the 20
following additional powers within such area or areas: 21

BILL AS INTRODUCED H.393
2025 Page 3 of 3

VT LEG #380144 v.4
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(4) To employ such measures and give such directions to the State or 2
local boards of health as may be reasonably necessary for the purpose of 3
securing compliance with the provisions of this chapter; provided, however, 4
any such measures or directions shall comply with 16 V.S.A. § 1390. 5
* * * 6
Sec. 3. EFFECTIVE DATE 7
This act shall take effect on July 1, 2025. 8