The executive order, called “Protecting Student Access To Higher Education”, stops vaccine mandates from public schools in multiple facets beyond simply just requiring it or not. It is important to note that the order solely applies to public institutions; private institutions still possess the ability to force vaccines and masks on students as they please.
This includes prohibiting public schools from conducting frequent, stringent tests and forced masking for the unvaccinated, as Arizona State University announced they would require of students just before Ducey’s order.
Some of the more relevant lines of the executive order can be found below:
The order also explains that the institutions cannot, “place any conditions on attendance or participation in classes or academic activities, including but not limited to mandatory testing and mandatory mask usage, if a person chooses not to obtain a COVID-19 vaccine or disclose that they have been vaccinated against COVID-19, unless such requirement has been mandated by law in the State of Arizona.”“WHEREAS, on June 14, 2021, Arizona State University communicated a new policy to all students mandating that they be vaccinated prior to returning to campus for class; and
WHEREAS, the policy requires that studends who are not vaccinated or choose to not share their vaccination status will be subject to invasive restrictions such as daiuly health checks, twice weekly testing and mandated masking wearing; and
WHEREAS, this policy has the potential to treat those with religious beliefs about vaccinations differently; and
WHEREAS, Article V, Section 4, of the Arizona Constitution provides that the Governor “shall take care that the laws be faithfully executed;” and
WHEREAS, both federal and state law allow individuals the option to accept or refuse vaccinations…”
Prior to Ducey’s order, ASU had planned to force twice-weekly testing and masks on students who would not share COVID-19 vaccination records with the school.
