Local school districts rethink mask rules after Sangamon County circuit court judge’s order

A late Friday afternoon restraining order issued by a Sangamon County Circuit Court judge sprung Illinois school districts into action, including local ones, regarding mask policies, as administrators scrambled for legal advice on how to interpret the ruling before school resumes Monday — with some districts ultimately deciding to suspend the state’s mask rules.

The restraining order from Judge Raylene Grischow blocks nearly 170 school districts named in Greenville attorney Thomas DeVore’s lawsuit from enforcing mask requirements and exclusion rules for students and staff as well as vaccination and testing requirements for school staff without a “due process.”

Grischow denied class certification in the lawsuit. The denial of class certification limits the impact of the involved suit to only those individuals listed as plaintiffs or defendants in the lawsuit.

One local school district — Sandwich District 430 — was named in the litigation.

Additionally, the Illinois Attorney General’s Office is seeking an “expedited appeal” of the restraining order from the Fourth District Appellate Court.

What has resulted regionally is local school districts are deciding their own course of action, until the litigation is settled.

While several school districts, such as Peru and Streator Elementary, Mendota, Putnam County, Unit 2 (Serena) and Fieldcrest schools, Hall and La Salle-Peru high schools, among others, have decided to maintain the state’s orders, that didn’t stop other districts from re-examining their policies.

Seneca High School, for example, issued a letter to its parents implementing a plan its school board put into place in June, in which masking was optional in certain situations. Princeton High School, Princeton Elementary and Earlville school districts also are suspending their mask mandates.

Streator High School scheduled an e-learning day Monday to allow time for its board of education to meet 7 p.m. Monday in the school’s auditorium and vote on following the temporary restraining order.

The La Salle-Peru High School Board called an emergency meeting Sunday to re-examine its COVID-19 policy. Since it was not named in the lawsuit, the board decided to keep its protocols in place, which requires students and staff to wear masks. Some residents attending the meeting shouted in disagreement at the board’s decision, calling them cowards and threatening to vote them out during the next election.

The Appellate Court is expected to issue a ruling on or around Feb. 17, the L-P board said.

“We believe the most prudent course of action is to address our mitigation plans when this information is received and interpreted,” Superintendent Steven Wrobleski said.

Ottawa High School Superintendent Michael Cushing issued a statement on the school’s website stating the school will continue to follow the mandates (executive orders) regarding masking, vaccinations, exclusions, and weekly testing.

Woodland Superintendent Ryan McGuckin said “masks remain on” at the South Streator school until more clarity is given by the district’s legal team, noting the issue is “stuck in legal clouds.”

Pritzker said in a statement Friday that removing the masking policies at school districts may lead to more districts having to go remote if there is increased COVID-19 activity. The Illinois Education Association also issued a statement Friday in disagreement with the ruling, saying it calls into question the safety of schools across the state.