School Law Advisor Blog

Permissive Limited Summer Return To On-Site Instruction

On June 4, 2020, Governor Pritzker issued Executive Order 2020-40, which permitted expanded in-person activities for schools during Phase 3 of his five-phased Restore Illinois plan.  ISBE also issued Guidance consistent with the Executive Order related to allowable activities for school districts during Phase 3.
 
These smalls steps back to in-person instruction and some minor sense of normal activities may be welcome changes for school districts, and certainly help schools begin to understand ISBE's plan for student services in the Fall.  It is important to note a few key reminders about the executive order and guidance:
    • Decisions around whether to conduct allowable activities during Phase 3 will remain at the discretion of local school boards and superintendents, in consultation with local public health departments. (In other words, you are permitted - not required - to do so, and you need approval from local health department and insurance carrier prior to commencing the in-person activities for students.  Schools should carefully consider liability issues with any activities that resume). 
    • ISBE encourages districts to provide special populations, which may include students with Individualized Education Programs (IEPs), English Learners, and those who received incompletes during remote instruction, with priority consideration for services. 
    • As regions transition to Phase 3, in-person instruction may resume, but districts must follow IDPH guidelines, which provide the following:
      • Prohibits more than 10 individuals from gathering in one space;
      • Requires social distancing policies; 
      • Requires adherence to good hygiene practices; and,
      • Requires use of appropriate personal protective equipment (PPE).
These guidelines are described in much more detail in the ISBE guidance and must be carefully reviewed prior to any activities.
    • While many of the activities noted in the guidance (including screenings, special education evaluations, instructional services, and IEP meetings) are permitted, the guidance still encourages virtual activities where possible
    • Any changes to working conditions related to this guidance may be a mandatory subject of bargaining which you must work with your union to resolve prior to implementation.
 
Also, ISBE has released in its public statement related to this guidance that these health and safety protocols will apply in Phase 4 as well, with the capacity limit for individuals in a single space lifting from 10 to 50.  ISBE suggests that it will provide additional recommendations in the coming weeks to further clarify guidelines for the 2020-2021 school year, but this statement is very helpful for school districts to begin planning for what we all hope will be a larger return to in-person learning in the Fall.