Aurora area schools have already moved to make wearing masks optional or are looking at doing so in the wake of falling COVID-19 case numbers in the area and an appellate court ruling late Thursday that invalidated Gov. J.B. Pritzker’s orders for face masks in public schools.
Pritzker plans to ask the state Supreme Court to review the ruling, a spokeswoman said Friday.
East Aurora School District 131 has been requiring masks to be used, but now may look at making masks optional if the downward trend of COVID-19 positivity rates at individual schools and district sites continues.
The East Aurora School District Board of Education will look at the issue Tuesday.
“Based on our positivity rate being so low or non-existent at certain locations, if all is approved by the board we may be looking at masks optional on Wednesday,” East Aurora School District Superintendent Jennifer Norrell told The Beacon-News.
The administration will recommend the district make the move in response to “drastically reduced” COVID-19 cases and not necessarily the recent court ruling, Norrell said.
“We have very low numbers,” Norrell said.
Under the plan, masks would be required in any individual school or district site if the COVID-19 positivity rate reaches 5% or greater. If the COVID-19 positivity rate falls between 3% and 5% at a particular site but it is not considered an outbreak site, then masks would be recommended, with the location closely monitored, officials said.
Norrell noted that some sites in the district now have a positivity rate below 3%.
“Some sites are at zero and have been at zero for the past two weeks,” she said. “Then in that case we can certainly justify labeling that school for mask optional.”
The mask mandate for pre-kindergarten students would remain in place in the district under any changes, she said.
There are other caveats as well if the district decides to go mask-optional, she said.
“As long as we are able to adhere to social-distancing then masks recommended or optional,” she said of the proposed plan. “However, in the event of a student or staff member is not able to maintain social-distancing, such as at times when a student asks a teacher a question and they are in closer proximity, then a teacher and student will have to mask up.”
Indian Prairie School District 204 recently announced it will go mask-optional beginning with classes on Tuesday.
West Aurora School District 129 adjusted its guidelines beginning Feb. 17 to make masks optional but “strongly recommended.”
West Aurora has information posted about the move at https://www.sd129.org/covid-19/mitigation-measures
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.In a message to families and staff members about the change, West Aurora School District Superintendent Jeff Craig asked that people “show each other grace and patience during this transition.”
“We understand that this announcement will be received by some with relief and others with anxiety. Interested students and staff members can request KN95/surgical masks,” Craig said in the statement.
West Aurora has a link at https://www.sd129.org/covid-19/mitigation-measures to request a mask for a student or staff member.
Oswego-based School District 308 also made masks optional but “strongly recommended” in all school buildings as of Feb. 17.
District 308 has posted its revised Safety Plan on its website at https://www.sd308.org/
The district made the move because “COVID-19 rates are low within our service area … and our district, the severity of the virus has decreased and more is known about masks,” District 308 Superintendent John Sparlin said in a message to families.
He said that students and staff members that want to wear a mask should consider the type of mask that provides them the greatest protection.
“A large part of our commitment to having a safe place for students to learn is maintaining a respectful and inclusive environment. We need all students and staff to feel accepted regardless of their choice to wear a mask or not,” Sparlin said.
Masks are still required on school buses and in driver’s education vehicles at all school districts.
While local school district are dealing with the mask issue, Pritzker is working with Illinois Attorney General Kwame Raoul on an “expedited review” of the recent appellate court ruling by the Illinois Supreme Court, spokeswoman Jordan Abudayyeh said.
“In the meantime, the governor urges everyone to continue following the doctors’ advice to wear masks so students can remain safely learning in classrooms,” said Abudayyeh, adding that Pritzker “is encouraged that the court made it clear that school districts can continue to keep their own mitigations in place.”
The legal drama over masks in public schools has unfolded even as COVID-19 infections and hospitalizations have plunged after the omicron variant’s peak last month. Pritzker recently announced he would lift the statewide indoor mask mandate on Feb. 28 — but not for schools.
The appellate court weighed in about two weeks after Sangamon County Circuit Judge Raylene Grischow issued a temporary restraining order invalidating the school mask mandate, as well as several other emergency orders, including vaccine requirements for school employees. Pritzker implemented the vaccine mandate at the beginning of the school year.
Grischow agreed with teachers and students who had sued, arguing that schools couldn’t be ordered to require masking without a public health quarantine order. She also said people can’t be excluded from school who have had contact with the virus without a hearing.
Before the appellate court could review Grischow’s opinion, the emergency rules expired. The Illinois Department of Public Health sought to extend them, but the bicameral, bipartisan Joint Committee on Administrative Rules declined. The group’s unanimous vote indicated a spreading desire among lawmakers for more involvement in managing the pandemic.
With the legislative panel’s vote, the issue is moot, the appellate court said.
“The existence of an actual controversy is a prerequisite for appellate jurisdiction, and a reviewing court will generally not decide matters that are abstract, hypothetical, or moot,” the court wrote.
Craig in his statement said the decision by the Joint Committee on Administrative Rules on the emergency rules played a part in West Aurora’s decision to go mask-optional.
“The emergency rules included the requirement of masks and the exclusion of students who are identified as close contacts to an individual who tested positive for COVID-19,” he said.
“With these rules no longer in place (beginning Feb. 17) masks for all SD129 students, staff and visitors are strongly encouraged both during the school day and at all indoor school-related events,” he said in his statement.
He also said that because of the decision the district “will also stop the exclusion of asymptomatic students who are identified as close contacts to an individual who tested positive for COVID-19. All other mitigation measures will remain in effect until further notice.”
In his statement in District 308, Sparlin also said that “persons who are identified as a close contact to COVID-19, but have no symptoms, will not be required to quarantine, unless directed by the local health department. Testing will remain highly recommended following an exposure, but not required as a condition of return.”
The Associated Press contributed to this article.
Linda Girardi is a freelance reporter for The Beacon-News.