Kendall County school districts react to court ruling on masks, other COVID-19 mitigation measures

Oswego School District 308 and Plano School District 88 are standing by their COVID-19 mitigation measures, including mask wearing, for now, while Yorkville School District 115 is recommending but not requiring the measures in response to a court ruling.

On Friday, Feb. 4, Sangamon County Circuit Court Judge Raylene Grischow issued a temporary restraining order declaring Gov. JB Pritzker’s emergency order requiring face coverings and COVID-19 testing protocols in all Illinois schools “null and void.”

Pritzker imposed the indoor mask mandate for schools in August following the guidance from the Centers for Disease Control and Prevention that recommends “everyone in K-12 schools should wear a mask indoors, including teachers, staff, students and visitors, regardless of vaccination status.”

The governor’s order at the time was issued as the delta variant spread throughout the country and schools looked for students to return fully in-person learning for the school year.

Many argued the governor overstepped the powers of his office and infringed on personal freedoms. When he announced the order, the governor said it was meant to slow the spread of the virus and keep others with significant health concerns in and out of schools safe from serious illness.

The judge’s order on Feb. 4 stems from a consolidated lawsuit filed by Greenville attorney Thomas DeVore on behalf of parents of students and affecting more than 100 Illinois school districts.

Illinois Attorney General Kwame Raoul announced Saturday, Feb. 6, that he has filed an “expedited appeal” of the court ruling with the Illinois Appellate Court for the Fourth District in Springfield which has jurisdiction over Sangamon County.

“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. “The court’s misguided decision is wrong on the law, demonstrates a misunderstanding of Illinois emergency injunction proceedings and has no relation to the record that was before the court.”

In a Feb. 6 email to District 308 families, Superintendent John Sparlin said the temporary restraining order placed on the governor’s emergency order is under appeal to the appellate court.

“We will await that ruling to see if the TRO will be upheld. In the meantime, the school district’s current rules regarding masking and close contact exclusion requirements will remain in place,” Sparlin said.

He continued, “Please reinforce with your children the requirements to be masked in school and to follow the other mitigation measures that are all still in effect in the district. We understand that this situation is evolving and emotions are high. We appreciate your cooperation as we all share the same goal of educating students in the safest environment possible.”

In a email to parents Feb. 6, District 115 Superintendent Tim Shimp said district officials have determined that mask wearing, weekly testing for unvaccinated staff and quarantine or isolation for those identified as having close contacts with other individuals with COVID-19 but not showing symptoms are “recommended, but not required” as they were before the judge’s ruling.

Shimp said “District 115 will continue with in-person instruction and current mitigation efforts, including excluding individuals who test positive for COVID-19, symptomatic individuals, and implement social distancing when possible.”

Shimp said the judge’s ruling does not apply to school-provided transportation and masks still are required on school buses, activity buses and taxis because of a federal order. The order extends to students who ride buses for activities, athletic contests and school-sponsored field trips.

“It is expected the appellate court will issue a ruling either upholding or reversing the TRO within the next few weeks. In addition, the state defendants filed a motion to stay (or suspend) the TRO,” Shimp said, “If a stay is entered, either by Judge Grischow or the appellate court, the TRO will be paused until the appellate court issues a ruling. Therefore, the district’s COVID-19 mitigation measures could change, and change quickly, and we could revert back to implementing the COVID-19 mitigation measures that we have had in place since the beginning of the school year, including masks, exclusion for close contacts, and weekly testing for unvaccinated staff.”

Unlike District 308 and District 115, District 88 is not party to the lawsuit that prompted Friday’s court ruling.

In a statement posted on the District 88 website Feb. 6, Superintendent Tony Baker said there will be no changes in the district’s current COVID-19 mitigation measures and protocols.

“Therefore, there will be no changes in the district’s requirements until further notice. We will continue to require masking for everyone while indoors at school and while on school transportation and follow our current practice for exclusion of individuals who are close contacts,” Baker said.

Baker said district officials have been speaking with its legal counsel, the Kendall County Health Department, union representatives and local administrators all weekend concerning the Feb. 4 court ruling.

“At this time, we are in the process of reviewing the judge’s decision and will communicate with you as soon as possible how this ruling may impact District 88 students and staff members in the future,” Baker said, adding, “We ask for your understanding and patience as our district navigates the latest changes to the COVID-19 guidance and rules for Illinois schools. We look forward to seeing everyone back in the buildings tomorrow [Feb. 7] and appreciate your patience and cooperation as we continue to prioritize student and staff health and safety while providing in-person learning.”