As we have previously noted, Governor Andy Beshear (D-KY) really, really doesn’t like the state legislature, but he didn’t have much choice but to call a special session of the General Assembly. Getting the General Assembly involved is something the Governor very much did not want to do. On July 10, 2020, Mr Beshear stated that he wouldn’t involve the legislature because he believed that they wouldn’t do his bidding.

Beshear was asked at Friday’s news conference on COVID-19 why he has not included the legislature in coming up with his orders. He said many state lawmakers refuse to wear masks and noted that 26 legislators in Mississippi have tested positive for the virus.

In the Bluegrass State, the legislature’s regular sessions are restricted by the state constitution, to sixty days, the last of which cannot go beyond April 15^th in even numbered years, and thirty days, not to run beyond March 30^th, in odd numbered years. The Governor, however, can call the legislature into special session, and he has the power to set its agenda during a special session. The General Assembly cannot call itself back into session outside of the constitutional restrictions.

But, with the COVID-19 state of emergency that the Governor declared in March of 2020 set to expire on Friday, September 10^th, thanks to the state Supreme Court’s decision on the laws reining in the Governor’s emergency authority, Mr Beshear needed the special session to extend that. The General Assembly voted for an extension of that until January 15^th, at which time the legislature will be in its regular session.

However, the Republican-controlled legislature hasn’t been doing much that the Governor wanted. We had previously noted that the Governor had asked school districts to put mask mandates in place, but most districts made them optional. The Governor then got pissed off, and made it an order.

Bill ditching KY school mask mandate approved by House committee on the second try

By Valarie Honeycutt Spears | Updated September 8, 2021 | 7:15 PM EDT

It took two attempts, but the House Education Committee on Wednesday passed a bill that would eliminate the state’s mask mandate in K-12 schools and specifies when districts could close to in-person learning.

The House Education Committee first met at noon Wednesday, when House Bill 1 failed because it only got 11 of the 12 yes votes it needed to win approval in the committee of 22. There were seven no votes and three pass votes.

Later, a second meeting of the House Education Committee was called for 4:30 p.m. Wednesday. At that meeting, the committee quickly reconsidered and approved the bill. It now moves to the full House of Representatives, and similar legislation remains alive in the Senate. The second vote was 16 yes votes, 2 no votes and no passes. . . . .

At the second meeting, several lawmakers said they were changing their vote so that the legislation could be heard in the full House. Others said they were afraid if the bill died, schools would miss out on the help the legislation could provide. One provision makes it easier for retired teachers to return to the classroom to ease staff shortages.

There’s more at the original.

The Governor had already said that he would reimpose his despised statewide mask mandate if he could, and when the state Supreme Court ruled that his authority had been limited, he ran an end-around, to get the state Board of Education to issue one, a mandate lasting for the entire school year. I had been noting for awhile that the Governor was looking for an excuse to reimpose the mask mandate, and he admitted it, stating that the high number of COVID-19 cases and hospital staffing shortages would have spurred him to enact a statewide mask mandate for indoor settings.

However, under the proposed bill, local school boards and districts would still have the authority to issue mask mandates for their jurisdictions.

The truth is simple: it was the hated statewide indoor mask mandate which was the primary impetus for voters in the Commonwealth to give Republican legislative candidates such huge majorities in the 2020 elections.

The bill also includes language to allow schools more flexibility on ‘non traditional instruction’, NTI, days. In the regular session last winter, the legislature, fighting the closure of schools and long term use of remote instruction, mandated that no schools could take more than ten NTI days without having to make them up in in-person days. As several districts, at least 38 of them so far, have had to close down due to COVID, those days, normally used for snow days during the winter, would quickly get used up. The legislature is still looking at limits, but with more flexibility for schools who confine NTI to those students or classes which must be quarantined, rather than entire school systems. We do not yet know what the final form will be.