(a) During an emergency as defined in § 58-2-101, the governing body of a public charter school may consult with the state and local health departments when determining whether to open or close a school to in-person learning and instruction.
(b) Notwithstanding an executive order issued by the governor or an order issued by a local health board or other public health official, the governing body of a public charter school has the sole authority to open or close a school to in-person learning and instruction during an emergency as defined in § 58-2-101. The governing body of a public charter school may delegate the authority to open or close a school to in-person learning and instruction to the administrator of the public charter school.
(c) Notwithstanding subsection (b), during an emergency as defined in § 58-2-101, if the governor issues an executive order with statewide applicability that requires schools to be open for in-person learning and instruction, then the executive order supersedes the authority granted in subsection (b).