Like several districts across the state, Hinsdale High School District 86 and Clarendon Hills Community Consolidated School District 181 took matters into their own hands after a temporary restraining order lifting mask mandates in schools was issued Friday by Sangamon County Circuit Judge Raylene Grischow.
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District 86 and District 181 were both named as defendants in the lawsuit involving COVID-19 mitigation strategies pertaining to specific students.
District 181 switched to remote instruction for the day and plans to discuss with the board next steps for returning in-person during a Monday evening virtual meeting.
“We understand this may cause some scheduling issues for families but given the nature of this issue, we want to be as thorough as possible as we review the implications of the case,” said Jamie Lavigueur, District 181 spokesperson.
District 86 told parents and staff in an email Sunday night that they will stay the course and continue requiring masks and implementing protocols consistent with the 2021-22 opening school plan that was adopted on Aug. 12.
District 86 spokesperson Chris Jasculca said the decision to enforce the COVID-19 mitigation strategies that were approved by the board of education in August is not being applied to the parties from the district who are involved in the lawsuit. Those that are not named in the lawsuit, but are refusing to follow the school’s universal masking policy, are being asked to go to the auditorium.
Because Grischow denied a request from Downstate attorney Tom DeVore that the lawsuits be given class certification, the ruling does not extend to all students at the 170 school districts named in the two lawsuits — one filed by parents against 146 school districts and another filed by school employees against 21 school districts, but only to any student whose parents joined the lawsuit.
“Per the temporary restraining order, the parties involved in the lawsuit are attending class as scheduled today, and have the ability to choose whether or not they wear a mask,” Jasculca said in an email to Pioneer Press Monday afternoon. “The students in the auditorium are not among the parties involved in the lawsuit and are required to comply with the district’s COVID-19 mitigation strategies.”
Jasculca said approximately 95% of the students at Hinsdale Central and 100% of the students at Hinsdale South — and all staff members — are complying with the rules the district has in place.
He said 5% of students from Hinsdale Central who are refusing to follow the mitigations, including universal masking, are in the school’s auditorium and have been given the following options:
Comply with the district’s COVID-19 mitigation strategies, including universal masking, and return to class.
Remain in the auditorium and engage in asynchronous learning that is focused on completing assignments posted in Canvas.
Be excused from school for the remainder of the day.
The temporary restraining order, or TRO, prevents the state from ordering school districts to require students involved in the lawsuit to wear masks, “except during the terms of lawful order of quarantine issued from their respective health department.”
In an email to parents, District 86 Superintendent Tammy Prentiss said they carefully considered the scope and impact of the judge’s decision.
“Based on the district’s local authority under state law, we will continue to require students and staff to wear masks while at work and school, exclude students and staff who are deemed “close contacts” in coordination with the local health department, and require employees to either provide proof they are fully vaccinated against COVID-19 or participate in weekly testing,” Prentiss said.
The decision will be further discussed at the board meeting on Feb. 10.
Gov. J.B. Pritzker issued a statement Friday evening saying he asked the attorney general’s office for an immediate appeal of the decision, but until that happens, mask policies are at the discretion of individual districts.