GOVERNOR
Vol. 40 Iss. 8 - December 04, 2023

EXECUTIVE ORDER NUMBER TWENTY EIGHT (2023)

Parental Notification, Law Enforcement Collaboration, and Student Education to Prevent Student Overdoses

By virtue of the authority vested in me as Governor of the Commonwealth, I hereby issue this Executive Order directing the Superintendent of Public Instruction and the Virginia Department of Education to take immediate action regarding overdoses in Virginia's public schools.

Importance of Initiative

My Administration has been aggressively focused on fighting the fentanyl epidemic and reversing the disturbing trend of increasing overdoes of Virginians, especially among our youth, with our Right Help, Right Now initiative, One Pill Can Kill campaign, and Executive Order 26 (2023) Crushing the Fentanyl Epidemic: Strengthening Virginia's Interdiction and Enforcement Response to the Fentanyl Crisis.

In October 2023, there were nine documented cases of opioid-related drug overdoses involving students at Loudoun County Public Schools.1 At least four of these incidents took place on school premises, three required the administration of naloxone, and in at least two instances, school personnel were required to perform life-saving CPR. These incidents reflect a broader issue, with more than 19 juvenile opioid overdoses in Loudoun County this year.

Transparency and community awareness are essential to ensuring the safety and well-being of Virginia's children. The Loudoun County Public School division reportedly waited more than 20 days to inform parents despite clear evidence of numerous incidents of overdose among the students.

Failure to promptly notify parents endangers the health and welfare of their children and limits parents' fundamental right to make decisions concerning the upbringing, education, and care of their children.

Directive

Accordingly, pursuant to the authority vested in me as the Chief Executive Officer of the Commonwealth, and pursuant to Article V of the Constitution and the laws of the Commonwealth including Code of Virginia § 1-240.1, I hereby order the Superintendent of Public Instruction and the Department of Education to:

1. Issue guidance requiring the notification of all parents within a school division through regular communication channels within 24 hours of a school-connected student overdose, while always ensuring protection of student privacy.

2. Issue guidance outlining close collaboration between local school divisions and state law enforcement to prevent student overdoses.

3. Provide information to local school divisions and parents about education programs for students to develop decision-making skills and prevent violations of Virginia law, including state and federal efforts such as the One Pill Can Kill campaign led by the First Lady of Virginia and the Attorney General and the Attorney General's Virginia Rules program.

Effective Date

This Executive Order shall be effective upon its signing and shall remain in force and effect unless amended or rescinded by a future executive order or directive. Given under my hand and under the Seal of the Commonwealth of Virginia, this Ist day of November, 2023.

/s/ Glenn Youngkin, Governor

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1 Minock, Nick. WJLA. "9 recent opioid-related overdoses connected to I Loudoun County high school, officials say." https://wjla.com/news/local/loudoun-county-eight--opiod-overdose-park-view-high-school-connected-narcan-cpr-oxycodone-m30-juveniles-investigate-deadly-serious-similarities-details-information-lethal

EXECUTIVE ORDER NUMBER TWENTY NINE (2023) - Amended

Declaration of a State of Emergency Due to Wildfires, or the Potential Thereof, Throughout the Commonwealth of Virginia

Importance of the Issue

The Commonwealth of Virginia is experiencing multiple wildfires around the state due to extremely dry conditions and high winds, both of which are common during the ongoing fall fire season. These fires have and may continue to pose a significant threat to public health and safety. Specifically, two fires-the Quaker Run Fire in Madison County and the Tuggles Gap Fire in Patrick County-broke containment lines in recent days. As such, additional resources are needed to contain these fires and respond to additional fires as necessary.

The anticipated effects of this situation constitute a disaster as described in § 44-146.16 of the Code of Virginia (Code). Therefore, by virtue of the authority vested in me by Article V, Section 7 of the Constitution of Virginia and by §§ 44-146.17 and 44-75.1 of the Code, as Governor and Director of Emergency Management and Commander-in-Chief of the Commonwealth's Armed Forces, and subject always to my continuing and ultimate authority and responsibility to act in such matters, I proclaim a state of emergency. Accordingly, I direct state and local governments to render appropriate assistance to prepare for this event, to alleviate any conditions resulting from the situation, and to implement recovery and mitigation operations and activities so as to return impacted areas to pre-event conditions as much as possible. Emergency services shall be conducted in accordance with § 44-146.13 et seq. of the Code.

Following a declaration of a local emergency pursuant to § 44-146.21 of the Code of Virginia, if a local governing body determines that evacuation is deemed necessary for the preservation of life or other emergency mitigation, response or recovery, pursuant to § 44-146.17(A)(l) of the Code of Virginia, I direct the evacuation of all or part of the populace therein from such areas and upon such timetable as the local governing body, in coordination with the Virginia Emergency Operations Center (VEOC), acting on behalf of the State Coordinator of Emergency Management, shall determine. Notwithstanding the foregoing, I reserve the right to direct and compel evacuation from the same and different areas and determine a different timetable both where local governing bodies have made such a determination and where local governing bodies have not made such a determination. Violations of any order to citizens to evacuate shall constitute a violation of this Executive Order and are punishable as a Class I misdemeanor.

Directive

In order to marshal all public resources and appropriate preparedness, response, and recovery measures, I order the following actions:

1. Implementation by state agencies of the Commonwealth of Virginia Emergency Operations Plan, as amended, along with other appropriate state plans.

2. Activation of the Virginia Emergency Operations Center and the Virginia Emergency Support Team, as directed by the State Coordinator of Emergency Management, to coordinate the provision of assistance to state, local, and tribal governments and to facilitate emergency services assignments to other agencies.

3. Authorization for the heads of executive branch agencies, on behalf of their regulatory boards as appropriate, and with the concurrence of their Cabinet Secretary, to waive any state requirement or regulation, and enter into contracts without regard to normal procedures or formalities, and without regard to application or permit fees or royalties. All waivers issued by agencies shall be posted on their websites.

4. Activation of § 59.1-525 et seq. of the Code related to price gouging.

5. Authorization of a maximum of $ 10,000,000.00 in state sum sufficient funds for state and local government mission assignments and state response and recovery operations authorized and coordinated through the Virginia Department of Emergency Management allowable by The Stafford Act, 42 USC § 5121 et seq. Included in this authorization is $5,000,000.00 for the Department of Military Affairs.

6. Activation of the Virginia National Guard to State Active Duty.

Effective Date of this Executive Order

This Amended Executive Order shall be effective November 6, 2023, and shall remain in full force and effect for 30 days pursuant to § 44-146. I 7 of the Code of Virginia, unless sooner amended or rescinded by further executive order. Termination of this Executive Order is not intended to terminate any federal type benefits granted or to be granted due to injury or death as a result of service under this Executive Order.

Given under my hand and under the Seal of the Commonwealth of Virginia, this 9th day of November, 2023.

/s/ Glenn Youngkin, Governor