Hiawatha mom speaks on suing school district for mask enforcement, superintendent responds

KIRKLAND – On Monday, Superintendent Jared Poynter of Hiawatha School District 426 said that about 60% of students were wearing masks and 40% were not.

“Overall, walking through the halls this morning, I observed that most of the students were unmasked, and they were happy,” Poynter said.

Hiawatha School District was one of 146 school districts named in a temporary restraining order issued in a class action lawsuit filed by Sangamon County Judge Raylene Grischow on Feb. 3.

The order temporarily halts Gov. JB Pritzker’s order that requires schools to enforce a mask mandate or require that students be excluded when they are close contacts to someone who tested positive for COVID-19. The order doesn’t prohibit districts from upholding their own mandates, however, those named in the order, such as Hiawatha, might have their hands tied, Poynter said.

[ Masks, COVID-19 testing still required in school? It depends on the DeKalb County school district ]

The Hiawatha school district is being sued by several parents for enforcing the governor’s mandate when it was announced in August 2021.

Pritzker vowed to swiftly appeal Sangamon County Circuit Judge Raylene Grischow’s order in court and urged schools not named in the lawsuit to continue enforcing the policy that requires everyone in schools – including parents, teachers and administrators – to wear a mask while at school. The Illinois Attorney General’s office Monday filed an appeal before the Illinois Appellate Court’s Fourth District seeking a stay of Grischow’s order.

“Since our district was named in a temporary restraining order given by a judge, we didn’t have a choice,” Poynter said. “We had to follow the court order.”

Sarah Ziegler, the mother of a middle school student, was one of eight plaintiffs against Hiawatha School District. Her husband, Ralph Ziegler, is a member of the Hiawatha school board.

She said she believes the Hiawatha school district was forced to comply with Pritzker’s original mandate because non-compliance threatened accreditation, funding and sports competitions.

Ziegler, who said she’s a 30-year resident of the community, said what lead to her decision to spearhead the lawsuit against Hiawatha School District and others was to promote people’s individual choices.

“As parents, we often sit back and wait for someone else to make the move, and we’ll stand behind them,” Ziegler said. “I stood up for our kids’ sake and to be the voices of our kids.”

Ziegler connected with parent groups throughout the state that were against the mask mandates. She said she was put in touch with attorney Thomas DeVore of Green Lake, who was filing a class action lawsuit. She said she paid $5,000 to join the lawsuit and $324 in filing fees.

Ziegler said that her son was thrilled to go to school without his mask Monday.

“This is a huge win, but we know that the fight is not over,” Ziegler said. “In my opinion, we can’t allow fear of a virus keep us from living. Faith over fear.”

The Northern Illinois Public Health Consortium, which includes the DeKalb County Health Department, issued a statement Sunday saying they recommend local school districts “continue to adopt a layered approach to mitigation to prevent the transmission of COVID-19 among staff, students and the community, including vaccination, masking and isolation of ill individuals.”

Due to the lawsuit and restraining order, masks are now highly recommended at Hiawatha School District, according to district officials.

“Parents have a right to send their students to school with masks, and a good number chose to do that,” Poynter said. “Teachers have been offered more PPE, and they can wear a shield on top of their mask if they’re not feeling comfortable. I’ve received numerous emails from parents on both sides, sharing their opinions and concerns.”

Poynter said he knew about the lawsuit when it was first filed Oct. 18, 2021, and that the school district “will continue to closely follow court decisions.”

“A lot of these decisions have been made last minute,” Poynter said. “It’s putting a big burden on the school districts to communicate out to stakeholders and develop plans. It’s been tough. At the end of the day, we’re here for our students and our staff. We’re here to teach. That’s our driving force.”