ILLINOIS, USA — A central Illinois judge has issued a temporary restraining order that prevents school districts statewide from requiring students to wear masks in classrooms, saying Gov. J.B. Pritzker overstepped his legal authority with a mask mandate that has angered many parents and teachers alike.
In a ruling issued Friday in response to a lawsuit filed by a group of parents and teachers, Sangamon County Circuit Judge Raylene Grischow also determined that several more of Pritzker's emergency orders to combat the spread of COVID-19, including one issued last year that mandates vaccinations for school employees, are “null and void.”
“This court acknowledges the tragic toll the COVID-19 pandemic has taken, not only on this state but throughout the nation and globe,” Grischow wrote in a ruling that affects 146 Illinois school districts, including the public school system in Chicago. "Nonetheless, it is the duty of the Courts to preserve the rule of law and ensure that all branches of government act within the boundaries of the authority granted under the Constitution.”
“Judge Grischow said it’s all illegal,” said attorney Thomas DeVore. “You do not have the authority.”
Pritzker had harsh words for the judge's decision and quickly urged the state's attorney general's office to appeal, suggesting the ruling could spark another surge in the virus and force schools to close their doors and revert to online classes.
“The grave consequence of this misguided decision is that schools in these districts no longer have sufficient tools to keep students and staff safe while COVID-19 continues to threaten our communities — and this may force schools to go remote,” Pritzker said in a statement. “This shows yet again that the mask mandate and school exclusion protocols are essential tools to keep schools open and everyone safe.”
Attorney General Kwame Raoul agreed with Pritzker that the ruling would make it more difficult to protect students and school employees from the virus, and said he would appeal.
“This decision sends the message that all students do not have the same right to safely access schools and classrooms in Illinois, particularly if they have disabilities or other health concerns,” Raoul said in a statement.
“These districts have to ask themselves if they’re going to continue to force mask on children when the judge says we can’t do this,” said DeVore. “Are we opening ourselves up to significant liability for forcing this?”
Changes in the Metro East
Most of the districts in the region will be moving to a mask-optional policy, but the Collinsville School District said it will continue to require masks for all students except for the five students named in the lawsuit. The Edwardsville School District will also continue to require masks.
Below are statements from most of the districts in the Metro East.
BOND COUNTY COMMUNITY UNIT SCHOOL DISTRICT #2
Beginning Monday, February 7th, our district will comply with this order and will temporarily pause enforcement of the Covid related mandates listed above. Facemasks will be strongly encouraged but not required for staff and students.
CARLINVILLE COMMUNITY UNIT SCHOOL DISTRICT #1
Based on this temporary order, from Friday, February 4, 2022, students and staff can attend school without a mask and it prohibits their exclusion as close contacts. Again, Individuals that choose to not wear a mask while the TRO is in effect will not be asked to wear a mask. In addition, close contacts will also be followed in the same manner.
CARLYLE COMMUNITY UNIT SCHOOL DISTRICT #1
As you may already know, late on February 4, 2022 Sangamon County Circuit Judge Raylene Grischow entered a temporary restraining order (TRO) prohibiting the defendant school districts from (i) requiring students and teachers to wear masks, absent a lawful order of quarantine issued in conformance with the IDPH Act; (ii) excluding students and teachers based on an alleged close contact unless due process is afforded and IDPH procedures are followed; and (iii) requiring weekly COVID-19 testing for unvaccinated employees without first providing due process of law. It is the intention of Carlyle CUSD #1 to comply with the TRO. … With that being said, the Board of Education plans to hold a Special Board Meeting on Wednesday, February 9th to review the court order and consider taking action on an updated COVID-19 plan.
COLLINSVILLE SCHOOL DISTRICT #10
After consultation with district legal counsel, Friday’s ruling/order from Sangamon County Circuit Judge Raylene Grischow means the children of the five families in our district who are plaintiffs in the lawsuit will no longer be required to wear masks or be excluded from school if they are determined to be a close contact to a positive case. The ruling does not apply to all students at this time.
COLUMBIA COMMUNITY UNIT SCHOOL DISTRICT #4
Masks will continue to be recommended in line with the CDC guidelines, however the wearing of masks is not required. Masks are optional. Exclusions from school will not be done for close contacts. We are asking parents to keep their children home should they be ill, but otherwise attendance is required for all asymptomatic children.
EDWARDSVILLE COMMUNITY UNIT SCHOOL DISTRICT #7
District #7 will be taking the following steps beginning on Monday, February 7:
- The individuals named as plaintiffs in the litigation will be able to attend school unmasked and will not be excluded as close contacts. Each of the individuals/families will receive correspondence from their building principal prior to the start of school on Monday.
- Masks will continue to be required for all students and staff unless an individual has been impacted by court ruling or has an approved medical exemption for masking.
- Beginning immediately, we have secured KN95 masks for any staff member who wishes to have one.
- Masking will continue to be required during Kid Zone (not for named plaintiffs), at athletic events (not for named plaintiffs), and on buses. The federal law still requires masks on buses. The court decision does not change this, and all students who ride buses will still be required to wear masks.
- We will continue to implement other mitigating strategies in all our schools, including opportunities for vaccinations, social distancing to the greatest extent possible, district-wide testing, incorporating fresh air into the school environment, and cleaning and sanitizing on a regular basis.
Students refusing to wear a mask constitutes a rule violation and subjects the student to disciplinary action, just like any other school rule violation.
HIGHLAND COMMUNITY UNIT SCHOOL DISTRICT #5
I am confident in saying that the district will not be enforcing the mask requirement and identifying close contacts for purposes of quarantine starting Monday morning per the judge’s ruling. Masks will be encouraged, but not required!
JERSEY COMMUNITY UNIT SCHOOL DISTRICT #100
In compliance with the court’s order, beginning tomorrow, the use of universal masking is highly recommended for all staff and students but is not required within the building.
ODIN PUBLIC SCHOOL DISTRICT #772
As of today, the following mitigations can only be recommended and not required for Odin Public School District #772 students and staff: mask-wearing, quarantine or isolation for those identified as close contacts with no symptoms, weekly testing for unvaccinated staff.
RAMSEY COMMUNITY UNIT SCHOOL DISTRICT #204
Monday, February 7, 2022, the District will return to mask optional for staff and students, cease close contact exclusions, and stop weekly testing of staff. The District will continue doing the core infection practices to mitigate the spread of COVID -19.
RED BUD COMMUNITY UNIT SCHOOL DISTRICT #132
Beginning Monday, we will no longer enforce the mask mandate or the exclusion mandate for close contacts.
SOUTHWESTERN COMMUNITY UNIT DISTRICT #9
Face coverings will be optional for all students and staff while at school, except on school buses where they will remain mandatory. The testing of unvaccinated staff will be optional. Students and staff will no longer be excluded from school for a “close contact.”
TRIAD COMMUNITY UNIT SCHOOL DISTRICT #2
The Judge in the case issued a temporary restraining order that halts enforcement of the Governor’s executive order on masking, testing, and quarantining for close contacts. Triad will apply this decision to all students beginning Monday, February 7th. This means that beginning on Monday until further notice, masks will be strongly encouraged but not required within school buildings. Families can expect that the district will continue to employ multiple mitigation measures within our schools including social distancing, cleaning & disinfecting, and hand-washing as well as excluding symptomatic students and staff. This last mitigation is even more important than ever during this time. Students who show COVID symptoms should not be at school at any time. If symptoms are evident, students will be sent home. The district will also continue to provide the opportunity for staff and students to test within each of our school buildings weekly. Please note that the federal law still requires masks on buses. The court decision does not change this, and so students and staff who ride buses will still be required to wear masks.
WATERLOO COMMUNITY UNIT SCHOOL DISTRICT #5
Masks are recommended to be worn by all individuals while in our schools, but will not be required. Masks will remain required to be worn on school buses, as required by the CDC. Close contacts will continue to be identified and reported to parents, but students (or staff) considered to be close contacts will not be excluded from school unless they have or develop symptoms. This communication will be out of courtesy to parents so they are aware that their child has come in contact with a COVID-positive student or staff member. Any member of our school family that exhibits or develops symptoms will be excluded from school.