What are southwest IL schools doing now that judge has ruled on masks, tests?

Following a Sangamon County judge’s ruling on Friday, metro-east school districts are figuring out how to implement COVID mitigations.

Judge Raylene Grischow granted temporary restraining orders in two cases on Friday. One extempts students in nearly 170 school districts involved in the case from having to wear face coverings at school and another blocks a mandate for teachers to either be vaccinated or submit to weekly coronavirus tests.

Gov. J.B. Pritzker has asked Attorney General Kwame Raoul to appeal Grischow’s ruling, but until the Fourth District Appellate Court weighs in, school districts have to make decisions with their own attorneys.

Masks are still required on school buses, under federal public transportation guidelines.

On Saturday, some metro-east districts were already making announcements about their plans: Highland CUSD 5, Waterloo CUSD 5 and Red Bud CUSD 132 all said that students wouldn’t be required to mask on Monday. All three were named as defendants in the lawsuits, which also prevents students from being quarantined for being a close contact if they don’t have any symptoms themselves.

In a follow-up note to parents sent on Sunday, Highland Superintendent Mike Sutton said the district may need to provide updates through the week.

“All districts named in the lawsuit are grappling with very difficult decisions and face liability regardless of the continued path forward,” he said. “We will likely see complaints of contempt of court or additional adverse action depending on decisions we make. We have additional meetings this afternoon with different groups of staff, including the school nurses to digest and attempt to get everyone on the same page as to what procedures should be moving forward.”

On Sunday, Freeburg CCSD 70, Freeburg CHSD 77, Smithton CCSD 130 and St. Libory CSD 30 released a joint statement saying they would pause mask enforcement as well.

The four superintendents wrote that the temporary restraining order “has provided school districts with the local control we have been seeking throughout this pandemic.”

Edwardsville CUSD 7 specified in their statement that masks will still be required of everyone who isn’t a plaintiff in the case granted a temporary restraining order.

“When students arrive at school without a mask, District 7 procedures will continue to include providing students an opportunity to comply with the mask rule,” Superintendent Patrick Shelton wrote in an update for staff and families. “If the student refuses to voluntarily comply with wearing a mask, the student will be directed to the media center while school administrators contact the student’s parents/guardians to pick up their child from school. Students are never isolated and are under the supervision of staff at all times.”

Similarly, Collinsville CUSD 10 Superintendent Brad Skertich said that the temporary restraining order will apply only to children in the five families who filed with the lawsuit. Everyone else will still be required to mask.

Even school districts that aren’t named as defendants are preparing for a ruling from the appellate court.

Belleville Township High School District 201 Superintendent Brian Mentzer said in a letter to families that the district would implement its COVID safety plan based on the ruling of the appellate court.

The district is not named in either lawsuit.

“The implications of the appellate court ruling are as follows: If the appellate court supports the ruling of Judge Grischow, this will mean that the State of Illinois, Illinois State Board of Education, and Illinois Department of Public Health do not have the authority to issue or enforce mitigation measures,” he wrote. “If the appellate court overturns the ruling, then all current mitigation protocols remain in place. Until the appellate court rules, we will continue to follow all mitigative measures, including masking, currently in place.”

O’Fallon Township High School 203, which is also not named in either lawsuit, reiterated that the current COVID-19 safety mitigations remain in place.

“I recognize there are strong feelings on both sides of the issue and respect each perspective,” Superintendent Darcy Benway wrote in an email to district families and employees. “We should continue our efforts not to let this divide us. As school leaders we are trying to meet the needs of all we serve to the best of our ability in a rapidly-changing environment.”

This story was originally published February 7, 2022 at 1:49 PM.