School Law Advisor Blog

No News from ISBE and IDPH - Things to Remember as Restrictions Ease, and Planning for 2021-2022

As COVID infection rates in Illinois have continued to plummet, and even as the Delta variant of COVID becomes more prevalent in the United States, with vaccines widely available and nearly half of Illinois residents fully vaccinated, Illinois has begun to return to some degree of normal, with face coverings becoming less prevalent in public and most business back to operating at full or near-full capacity.
 
Still, vaccines are not yet available to children under the age of 12, and schools are subject to different restrictions than private entities. Some things to remember as schools plan for 2021-2022:
 
  1. It continues to be really early to plan for next year. While that may be tough to communicate to parents, the rules have changed rapidly and frequently throughout the pandemic.
  2. The politics have often shifted the rules both before and after their issuance. Where possible, being patient affords leadership the opportunity to learn how their neighbors interpret the rules and await final word and outcome of changes. It may prevent backpedaling and, maybe more importantly, give leaders the best opportunity for the most normal return available without being the pin cushion that awaits the first victims of state-wide about-face.
  3. ISBE's latest resolution commands in-person learning, requiring remote learning as an option for students who are not able to be vaccinated and required to quarantine. But ISBE has also (somewhat confusingly) indicated to schools that they should work with parents on an individual basis.
  4. ISBE and IDPH have indicated masks are and will continue to be required for all individuals when students are present. http://www.dph.illinois.gov/covid19/community-guidance/child-face-coveri.... Although this issue continues to evolve, ISBE has threatened some schools with pulling of funding through the recognition process if they refuse compliance with the mask requirement by making masks "optional." Additionally, schools that fail to comply with ISBE and IDPH guidance risk breach of their tort immunity shield, which could subject those (including Board members) who make the decision to individual and personal liability.
  5. Even still, the rules are not yet finalized and published, and ISBE has promised additional FAQs and guidance are coming.
 
With knowledge that communities are returning to normal and may be resistant to the continued mitigations (particularly where teachers have attained a high rate of vaccination), it may be worth awaiting the outcome of both ISBE's processes and guidance to see what the final rules will hold.
 
In the meantime, schools are fully within their rights to seek information about vaccination where students and staff are willing to share, and sharing such information will free those who are vaccinated from quarantine requirements in the event of close contact with a positive case of COVID - and that may be particularly relevant for athletes and other extra-curricular participation. Schools may also host vaccination events, with the support of ISBE and IDPH: https://www.isbe.net/Documents/Vaccination-site-request-ISBE-IDPH.pdf.
 
We will continue to monitor for new ISBE guidance and update schools as soon as more information is available.