School Response to a Pandemic Disease Such as Coronavirus
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This page is now archived. It remains available for informational purposes. If you have questions about what was learned during the pandemic, please contact our attorneys for more information.
As anyone who worked in or near schools during the pandemic knows, the target was constantly moving and the information coming at schools was tremendously complex. Miller, Tracy, Braun, Funk & Miller, Ltd. tried to be useful as a resource to schools, providing real-time distillation of complicated information. Everything you will find below is now out of date. However, we hope that review of its contents during a school crisis in the future may be instructive to future educators about management of a crisis.
And, of course, we hope management of such a crisis will never be needed again.
TRO Vacated by the Supreme Court:
The Supreme Court of Illinois has vacated the February 4, 2022 Temporary Restraining Order issued by Judge Grischow in both the student and employment cases before the Sangamon County Circuit Court.
The Court denied the Attorney General's appeal, but ruled that because the Appellate Court found the TRO to be moot, the TRO must therefore be vacated: "In the exercise of this Court’s supervisory authority, the February 4, 2022, temporary restraining order is vacated. (See, e.g., Felzak v. Hruby, 226 Ill.2d 382, 394 (2007) (when an appeal is rendered moot through happenstance, the judgments of the courts below are vacated).) The matter is remanded to the Circuit Court of Sangamon County."
The underlying case remains before Judge Grischow in Sangamon County.
Attorneys at Miller, Tracy, Braun, Funk & Miller, Ltd. are available to discuss questions as may arise.
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Appeal denied as moot: https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources...(4th)%20220090-U.pdf
Judge Grischow issued a Temporary Restraining Order against all defendants including the named school districts, ISBE, IDPH, and Governor Pritzker in both the student and employment cases before the Sangamon County Circuit Court.
Attorneys at Miller, Tracy, Braun, Funk & Miller, Ltd. are available for client-specific counsel on the matters.
The state has already moved to appeal the TRO and has asked the Court for a stay in the meantime. No ruling has occurred yet as of 10:30 a.m. February 7, 2022.
****REMOTE LEARNING DAYS Guidance can be found here:
While schools are right to be prepared for an incoming health concern, administrators and staff must be careful not to overreact or subject themselves to other risks while trying to avoid contributing to the spread of the disease.
Schools do well to plan now for protocols with their local health departments, whose direction and management will dictate how local schools respond and exclude employees and/or students if symptoms develop within a school's population. Knowing the signs and symptoms and when to report to the local health department will be important. In addition to local health departments, the CDC provides guidance on preventing the spread of the virus here: https://www.cdc.gov/coronavirus/2019-ncov/preparing-individuals-communities.html.
In the event the local health department requires a student to home-isolate, the student is, of course, excused from school, but the school may have homebound instruction obligations - a good summary of homebound instruction rules can be found here: http://millertracy.com/sites/default/files/5%20-%20Homebound.pdf. Additional resources for addressing how schools must comply with their continuing obligations to provide for the education of their communities may be found here:
In the event staff are required by the local health department to self-isolate, payment will be a function of a number of factors, including collective bargaining agreements, policies, non-discriminatory practices in other illness situations, and fair labor standards rules. Schools should not forget that employees may have sick leave days and protection under the Family Medical Leave Act against termination of certain benefits for the duration of a temporary disability. There is no one-size-fits-all answer at this time as to payment - these discussions will necessarily implicate who closed the school, for how long, and whether there is funding available to a school after the closure. Moreover, there will need to be discussions with the union, bargaining as to extension of school calendar (if any), and implications for compensatory services provided. Each district and region will have to evaluate its own consequences through collective bargaining and special education process as they develop, but districts should be careful not to assume a singular solution (e-learning, hold harmless, make-up days) will work for all schools in all situations. The consequences will be fact-driven, will be developed jointly with collective bargaining agents, community interests, and the Illinois State Board of Education. There will not be hard-and-fast answers until the total time out is known and the funding consequences are clear. Districts should avoid jumpting to solutions before the problems and options are well-understood. Don't forget that the cancellation of schools for extended periods of time implicate student sustenance and nutrition, daycare concerns, and employee pay and working conditions, in addition to the student learning objectives which are varied and may be difficult or impossible to meet in certain manners for younger children.
School districts are well-advised to stay up to date on guidance from their local health departments as to large gatherings. Recent updates from the CDC are discouraging large gatherings outside of regularly-required classes. Be aware that the risk and standard for non-curricular event cancellation is going to be much lower than that which is apparent for curricular day programs, but also that such events should not be cancelled discriminatorily or without regard to potential discriminatory cancellation concerns.
Schools must avoid national-origin discrimination, race-based discrimination, and other illicit discrimination in determining when students or staff must be excluded. Most school officials are not medical professionals, and therefore relying on local health department officials and the medical professionals who support their work to assess when exclusion must occur is a good way to insulate the school from arguments of illicit bias.
While we hope the virus does not cause any disruption to the education of your schools, a close relationship with a school's local health department will help avoid any negative impacts and provide relief for schools concerned about local reaction to action or inaction.
We will continue to update this page with additional guidance as we work with the Illinois State Board of Education on the state's still-developing rules on implementation of programs during the epidemic.
*Update* - the Illinois State Board of Education is encouraging schools, during any mandatory shutdown, to continue to provide meals to students, after a U.S. Department of Agriculture Waiver was received for non-congregate meals during uanticipated school closure. Please see the excellent FAQ here: https://www.isbe.net/Documents/ISBE-COVID19-QAs.pdf, and the form to request approval here: https://www.isbe.net/Documents/ISBE-66-98.pdf
*Update* - U.S. Department of Education has provided additional guidance entitled "QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH DISABILITIES DURING THE CORONAVIRUS DISEASE 2019 OUTBREAK, March 2020." A link to the resource may be found here: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf. Expect additional guidance from MTBFM in the coming days.
*Update* - MTBFM e-learning and special education guidance is now live. Please find guidance here.
*Update* - With schools now closed beginning Tuesday, March 17, 2020 and ending March 29, 2020, and with additional latitude granted by the Illinois State Board of Education for provision of meals, funding assurances, alteration of school calendars, and decision-making autonomy for e-learning, we have additional clarity about how to respond. There are a myriad number of issues that each district will need to address independently, but both problems and solutions are rapidly coming into focus. We will issue additional guidance over the weekend. For now, please see ISBE's closure letter and guidance: https://www.isbe.net/Documents/COVID-19-School-Closures-Letter-Guidance.pdf
***Update* - FAQ and Guidance (3/15/20) here: ***
MTBFM has provided a comprehensive FAQ and additional guidance document. You can find it under our "Newsletter" tab, or with a direct link here: http://www.millertracy.com/sites/default/files/COVID-19%20%28Coronavirus%29%2C%20School%20Closures%2C%20and%20Related%20Issues.pdf The attorneys at MTBFM jointly developed and publish this document in the hopes of easing school district concerns and assisting with the implementation of positive results for local communities.
*Update* - In times of crisis, advice is outdated just hours after posted. The Governor issued an Executive Order on March 16, 2020. In it, he relaxed provisions requiring physical presence for a meeting:
"Section 6. During the duration of the Gubernatorial Disaster Proclamation, the provisions of the Open Meetings Act, 5 ILCS 120, requiring or relating to in-person attendance by members of a public body are suspended. Specifically,(1) the requirement in 5 ILCS 120/2.01 that "members of a public body must be physically present" is suspended; and (2) the conditions in 5 ILCS 120/7 limiting when remote participation is pemitted are suspended. Public bodies are encouraged to postpone consideration of public business where possible. When a meeting is necessary, public bodies are encouraged to provide video, audio, and/or telephonic access to meetings to ensure members of the public may monitor the meeting, and to update their websites and social media feeds to keep the public fully apprised of any modifications to their meeting schedules or the format of their meetings due to COVID-19, as well their activities relating to COVID-19. "
*Update* - New ISBE guidance document here: https://www.isbe.net/Documents/Statewide-School-Closure-Guidance-3-16-20.pdf
*Update - The governor extended the school closure through at least April 7, 2020. The Governor continues to encourage delivery of meals to students who need them, and otherwise encourages maintenance of a social distance of at least 6 feet. ISBE has warned that there may be changes to the rules for provision of continued instruction after the initial closure expires March 30, 2020. The complete Executive Order may be found here: https://www2.illinois.gov/Documents/ExecOrders/2020/ExecutiveOrder-2020-10.pdf
*Update* - New summary guidance on the new FMLA rules here: http://millertracy.com/sites/default/files/Guidance%20Document_0.pdf
**Executive Order 2020-10 extended the deadline for school closure through at least April 7, 2020. Although the closure is extending, it is not clear that the same rules will apply as through March 30, 2020 (from Executive Order 2020-5) for Act of God relief. It is very possible that the same relief and rules for receiving that relief will change beyond March 30, 2020. Districts entering into contracts and/or Memoranda of Understanding should be very careful to consider the impact of a potential change to rules for reimbursement. We expect additional guidance from ISBE imminently.**
3/22/2020 Updated guidance located here. Addtionally, find new FMLA Emergency Rules guidance here: http://millertracy.com/sites/default/files/Guidance%20Document_0.pdf
*Update* - Miller, Tracy, Braun, Funk & Miller, Ltd. anticipates additional guidance will be released imminently regarding the definition of days after March 30, 2020 (the expiration of Executive Order 2020-05). We will provide updated guidance and FAQ as soon as the guidance is released.
*Update* - 3/27/20 Fridays are fun, aren't they? Guidance has been updated to define and account for Remote Learning Days. Be sure to read the following from ISBE, then our guidance:
And new guidance from us:
*Update* - 3/30/20 New ISBE rules for transportation and food service reimbursement here:
*Update* - 3/31/20 - No executive order yet signed - the Governor indicated he will sign one tomorrow - but schools will continue remote-only learning through at least April 30, 2020. The Governor indicated during today's press conference that he will sign the order tomorrow.
Additional ISBE guidance on the Federal Cares Act and distributions to funding of schools during the crisis:
*Update* - 4/10/20 ISBE updated its emergency transportation rule, in relevant part:
"Due to the outbreak of the Coronavirus Disease 2019 (COVID-19), beginning on March 17, 2020, and through the end of the 2019-2020 school year, to ensure the continuity of education, including the provision of any direct or related service for the health and well-being of all public school students in pre-kindergarten through grade 12, all transportation costs incurred that are beyond transporting students, such as costs related to the distribution of food, distribution and pick-up of student assignments and work, and use of vehicles to provide wi-fi and other similar costs, shall be allowable and reimbursed by the formula under Section 29-5 of the School Code."
Additional rules here: https://www.isbe.net/Documents/23-120RG-EA.pdf, providing that
...costs paid by a local education agency for all employees related to the provision of transportation or a transportation provider under a written agreement, regardless of any service that may be provided, or costs related to the distribution of food, distribution and pick-up of student assignments and work, and use of vehicles to provide wi-fi and other similar costs, shall be allowable
Nothing in the rule guarantees total ongoing distribution, time of distribution, or specific reimbursement for non-reimburseable costs (at this point, the rule provides non-exclusive examples, but not exclusive limitations). Districts working with transportation carriers are wisely advised to be cautious, consider broader funding implications, and to remember the need for transportation service availability based on anticipated District needs (both short and long-term).
Part 226 (Special Education) was also updated to provide for continued funding of private facilities providing care for special education students:
"During the mandated suspension of in-person instruction pursuant to the Gubernatorial Disaster Proclamation 2020-038 and Executive Orders 2020-05 and 2020-06, and for the duration of the Gubernatorial Disaster Proclamation, all approved special education private facilities may continue to invoice school districts and school districts shall continue to pay the per diem approved by the Illinois Purchased Care Review Board under Section 14-7.02 of the School Code. The State Board of Education will reimburse school districts for all approved special education private facility expenditures."
*Update* - On-site learning suspended for the remainder of the 2019-2020 school year. Remote learning will continue. Letter from Dr. Ayala, State Superintendent of Education, here: https://www.isbe.net/Documents/Message-4-17-2020.pdf
*Update* - April 20, 2020 - New Special Education Guidance posted here: https://www.isbe.net/Documents/SPED-FAQ-04-20-20.pdf
*Update* - April 24, 2020 guidance document, FAQ on graduation, and new rules for licensure and graduation requirement waivers:
Also, Governor Pritzker signed Executive Order 2020-31, providing the authority for the emergency rules changes above. https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-31.aspx
*Update* - Long expected executive orders finally issued for Stay-at-Home through May 29, 2020.
*Update* - New graduation guidance. Be aware the old guidance remains out there, and while the new guidance loosens ISBE restrictions, it does not loosen the Tort Immunity Act standards or in any way reduce the likelihood of breach in the event of deliberate indifference to safety of the students.
*Update* May 6, 2020 - New FAQ from ISBE, as well as ISBE/DCFS joint guidance document on making contact with parents, and summer school guidance.
Please note that summer school guidance anticipates that summer school will have to be conducted remotely. Also, please note the following section on attendance:
Attendance & Clock Hours
In accordance with 105 ILCS 5/27-22.1, to award high school credit for summer school, districts must ensure that students complete 60 instructional hours per semester credit earned. Districts can be flexible in determining how to best meet the 60-hour requirement in their own context by counting all learning activities that are required by the course toward the requirement. Learning activities could include, but are not limited to: the teacher delivering instruction via recorded video or synchronous platform, remote small group work via breakout room or conference call, independent/flexible student work time, and virtual/telephone teacher-student check-ins. For summer school, districts are not required to report attendance or hours completed to ISBE but should maintain records in accordance with their local policies and procedures.
Also, don't miss the DCFS/ISBE guidance document explanation of process for check-in with students:
The health and wellness of students is our top priority and that includes their social, emotional, and physical health. It is critical that teachers have frequent contact with every student during the COVID-19 suspension of in-person instruction to ensure someone is checking in on them. Teachers can contact students through a variety of means – ZoomTM, email, phone calls, text messages, and the mail. If a teacher is unable to make contact with a student for over a week, they should attempt to make contact with their parent or guardian. If the wellbeing of a student is still unknown, schools and districts should do everything possible to conduct a wellness check visit. Before and during this visit, the following steps should be taken:
• Attempt to contact student, as well as parent or guardian to notify them of the visit. When possible, the individual(s) contacting the student, parent, or guardian should do so in the native language of the family. If contact is made with the family, it must be stressed to the family that the purpose of the visit is to ensure the physical and mental wellbeing of the student and is not regarding immigration status or other legal issues.
• Any individual(s) making a home visit should wear face coverings while visiting. Face coverings may include masks, bandanas, or any other object that covers the nose and mouth. Individuals who are ill may not conduct wellness visits.
• Illinois Department of Public Health and Centers for Disease Control and Prevention recommendations on social distancing must be followed.
• If contact is made, the individual(s) making contact should inquire about why the student has not been in contact and determine what resources and supports they may need i.e. technology, food, mental health resources, etc.
• The individual(s) making a wellness check should verify the best contact information for the student, as well as parent or guardian to set up a follow up call to help get student back on track.
• Prior to leaving, the individual(s) making a wellness check should reassure the student and/or parent or guardian that they are there to support and assist them during these unprecedented times.
*Update* - May 29, 2020
New Order providing for limited reopening -
In-person meeting limited to 10 people with face coverings and social distancing
Extension of Open Meetings Act in-person requirement relief
ISBE to provide guidance on returning to on-site instruction
New Order extended disaster declaration through June 28, 2020 -
*Update* - June 4, 2020
New Order EO2020-40 providing for (but not requiring) limited on-site instruction during summer. Schools must observe social distancing (6+ feet), limit gatherings to 10, use good hygene practices, and use face-coverings. Additional guidance from ISBE and IDPH below.
Schools must be careful to evaluate local safety and liability concerns with any on-site instruction decisions during the summer 2020.
*Update* - June 24, 2020
New Guidance from ISBE for Phase 4 return to on-site instruction:
Please note that, in this case, guidance compliance may have funding, insurance coverage, and tort immunity implications. Schools must be careful to plan accordingly, and must be careful to reach thorough, clear, and enforceable written agreements with unions representing staff that will be required to implement these changes.
*Update* - June 25, 2020
If you like guidance, wait a day. If you don't like it, wait another. ISBE has released an updated FAQ. Please be aware this is a rapidly evolving situation, and, as with last semester, things change very quickly. Carefully evaluate rules, speak openly with staff, and solicit widely opinions, issues, and concerns before committing final plans to writing and agreement. Be prepared to be somewhat flexible as things develop, but make sure the rules you craft are enforceable.
*Update* - June 26, 2020
Executive Order - EO2020-44 here: https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-44.aspx
Key language for schools:
Executive Order 2020-40, as amended below, is re-issued in its entirety and extended through July 26, 2020.
Section 1. All public and nonpublic schools in Illinois serving pre-kindergarten through 12th grade students may open for in-person educational purposes, such as summer school, following the completion of the regular 2019-2020 school term. All public and nonpublic schools may continue to provide food and other non-educational services. Schools must follow IDPH guidance during Phase 4 and take proactive measures to ensure the safety of students, staff, and visitors, including, but not limited to:
- Limiting the number of people in one space to fifty or fewer, consistent with public health guidance.
- Ensuring compliance with social distancing requirements to the greatest extent possible. For purposes of this Executive Order, social distancing includes maintaining at least six-foot distance from other individuals and discouraging physical contact between individuals.
- Ensuring appropriate hygienic practices, including washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), discouraging the sharing of personal items, and regularly cleaning high-touch surfaces.
- Requiring the use of appropriate personal protective equipment, including the use of face coverings by students, staff, and visitors who are over age two and able to medically tolerate a face covering. Schools must provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times and, to the extent possible, make disposable face coverings available for all students.
Effective immediately.
*Update* - June 30, 2020
ISBE FAQ updated again: https://www.isbe.net/Documents/FAQ-Part-3-Transition-Guidance.pdf
ISBE Special Education Parts B and C guidance.
*Update* - July 23, 2020
New Remote Learning Guidance, New FAQ, New Executive Order
Fall 2020 Learning "Recommendations" https://www.isbe.net/Documents/Fall-2020-Learning-Rec.pdf
Letter from State Superintendent Dr. Ayala https://www.isbe.net/Documents/Messsage-07232020.pdf
*Update* - August 5, 2020
*Update* - August 13, 2020 (updated August 12 document)
New IDPH FAQ https://www.isbe.net/Documents/IDPH-School-FAQs.pdf
*Update* - August 17, 2020
ISBE updated its FAQ:
3. Can staff remove their face coverings while alone in their classroom or office? (Updated 8/17/2020)
Teachers and staff who are alone in their classroom or offices should be allowed to remove their face covering if they are in the room alone and the doors are closed.
*Update* - November 11, 2020
Tier 2 mitigations are now in effect for Regions 5, 7, and 8. The mitigations are located here:
For schools, the most relevant language is the following:
Meetings, social events and gatherings (including weddings, funerals, potlucks, etc.)
• Limit to 10 guests in both indoor and outdoor settings *
• Applicable to professional, cultural and social group gatherings.
• Not applicable to students participating in-person classroom learning, sports or polling places.
• This does not reduce the overall facility capacity dictated by general business guidance such as office, retail, etc.
• No party buses
• Gaming and Casinos close at 11:00pm, are limited to 25 percent capacity, and follow mitigations for bars and restaurants, if applicable
Organized group recreational activities (including sports, but excluding fitness centers*)
• Limit to lesser of 25 guests or 25% of overall room capacity both indoors & outdoors *
• Groups limited to 10 or fewer people *
• All Sports Guidance effective August 15, 2020, remains in effect
• Outdoor Activities (not included in the above exposure settings) continue per current DCEO guidance
ISBE has confirmed to school districts that the limits do apply to school board meetings.
*Update 11/17/20* - Tier 3 mitigations for all Illinois begin Friday, order forthcoming:
*Update* 12/11/20 - New executive order extending disaster declaration through January 9, 2021:
*Update* 12/18/20 - New guidance from EEOC on disabilities, doctor's notes, testing, and other issues pursuant to the ADA and Rehabilitation Act during the pandemic:
*Update* 3/8/21 - New gathering guidance from IDPH, in-person learning guidance from IDPH/ISBE:
*Update* 3/11/21 - New FAQ from ISBE
*Update* 6/7/21 - Latest FAQ from ISBE/IDPH
*Update 7/6/21 -
Our latest guidance here.
EO2021-14 extends through July 24, 2021
*Update 7/9/21* -
CDC guidance for schools in 2021 is here: https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/k-... - Look out for new IDPH and ISBE guidance imminently.
*Update 8/4/21* -
Masks are not optional. They are required for all staff and students in a school building, regardless of vaccination status. https://www.illinois.gov/government/executive-orders/executive-order.exe...
*Update 8/9/21* -
Updated ISBE/IDPH Guidance https://www.isbe.net/Documents/Updated-Public-Health-School-Guidance.pdf...
*Update 8/27/21* -
New Proclamation -disaster extended through September 19, 2021)
New Executive Order (requiring vaccines or testing - relevant language below):
Section 3: Vaccination Requirements for School Personnel.
- DefinitionsAll School Personnel must have, at a minimum, the first dose of a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine within 10 days after issuance of this Executive Order, and be fully vaccinated against COVID-19 within 30 days following administration of their first dose in a two-dose vaccination series. Any School Personnel who have not established that they are fully vaccinated against COVID-19 must be tested consistent with the requirements of Subsection (d). To establish that they are fully vaccinated against COVID-19, School Personnel must provide proof of full vaccination against COVID-19 to the School. Proof of COVID-19 vaccination may be met by providing one of the following: (1) a CDC COVID-19 vaccination record card or photograph of the card; (2) documentation of vaccination from a health care provider or electronic health record; or (3) state immunization records.
- “School Personnel” means any person who (1) is employed by, volunteers for, or is contracted to provide services for a School or school district serving students in pre-kindergarten through 12th grade, or who is employed by an entity that is contracted to provide services to a School, school district, or students of a School, and (2) is in close contact (fewer than 6 feet) with other persons in the School for more than 15 minutes at least once a week on a regular basis as determined by the School. The term “School Personnel” does not include any person who is present at the School for only a short period of time and whose moments of close physical proximity to others on site are fleeting (e.g., contractors making deliveries to a site where they remain physically distanced from others or briefly entering a site to pick up a shipment).
- “School” means any public or nonpublic elementary or secondary school, including charter schools, serving students in pre-kindergarten through 12th grade, including any State-operated residential schools such as the Philip J. Rock Center and School, the Illinois School for the Visually Impaired, the Illinois School for the Deaf, and the Illinois Mathematics and Science Academy. The term “School” does not include the Illinois Department of Juvenile Justice.
- An individual is “fully vaccinated against COVID-19” two weeks after receiving the second dose in a two-dose series of a COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the UFDA, or two weeks after receiving a single-dose COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the FDA.
- Schools shall exclude School Personnel who are not fully vaccinated against COVID-19 from the premises unless they comply with the testing requirements specified in Subsection (d).
- Beginning 10 days after issuance of this Executive Order, to enter or work at or for a School, School Personnel who have not been fully vaccinated against COVID-19 must undergo testing for COVID-19, as described below, until they establish that they are fully vaccinated against COVID-19: Individuals are exempt from the requirement to be fully vaccinated against COVID-19 if (1) vaccination is medically contraindicated, including any individual who is entitled to an accommodation under the Americans with Disabilities Act or any other law applicable to a disability-related reasonable accommodation, or (2) vaccination would require the individual to violate or forgo a sincerely held religious belief, practice, or observance. Individuals who demonstrate they are exempt from the vaccination requirement shall undergo, at a minimum, weekly testing as provided for in Subsection (d).
- School Personnel who are not fully vaccinated against COVID-19 must be tested for COVID-19 weekly, at a minimum. The testing must be done using a test that either has Emergency Use Authorization by the FDA or be operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services.
- Such testing for School Personnel who are not fully vaccinated against COVID-19 must be conducted on-site at the School or the School must obtain proof or confirmation from the School Personnel of a negative test result obtained elsewhere.
- IDPH recommends that School Personnel be tested using a PCR test if available.
- State agencies, including but not limited to IDPH and the Illinois State Board of Education, may promulgate emergency rules as necessary to effectuate this Executive Order.
Section 4: Vaccination Requirements for Higher Education.
- DefinitionsAll Higher Education Personnel and Higher Education Students must have, at a minimum, the first dose of a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine within 10 days after issuance of this Executive Order, and be fully vaccinated against COVID-19 within 30 days following administration of their first dose in a two-dose vaccination series. Any Higher Education Personnel or Higher Education Students who have not established that they are fully vaccinated against COVID-19 must be tested consistent with the requirements of Subsection (d). To establish that they are fully vaccinated against COVID-19, Higher Education Personnel and Higher Education Students must provide proof of full vaccination against COVID-19 to the Institution of Higher Education. Proof of COVID-19 vaccination may be met by providing one of the following: (1) a CDC COVID-19 vaccination record card or photograph of the card; (2) documentation of vaccination from a health care provider or electronic health record; or (3) state immunization records.
- “Higher Education Personnel” means any person who (1) is employed by, volunteers for, or is contracted to provide services for an Institution of Higher Education, or is employed by an entity contracted to provide services for an Institution of Higher Education, and (2) is in close contact (fewer than 6 feet) with other persons on the campus or in a campus-affiliated building or location for more than 15 minutes at least once a week on a regular basis. The term “Higher Education Personnel” does not include any person who is present on the campus or at an affiliated off-campus location for only a short period of time and whose moments of close physical proximity to others on site are fleeting (e.g., contractors making deliveries to a site where they remain physically distanced from others or briefly enter a site to pick up a shipment).
- “Institution of Higher Education” means any publicly or privately operated university, college, community college, junior college, business, technical or vocational school, or other educational institution offering degrees, programs, or instruction beyond the secondary school level.
- “Higher Education Student” means an individual enrolled in credit-bearing or non-credit bearing coursework at an Institution of Higher Education, either on campus or at an affiliated off-campus location. The term “Higher Education Student” does not include individuals who complete their coursework exclusively remotely.
- An individual is “fully vaccinated against COVID-19” two weeks after receiving the second dose in a two-dose series of a COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the FDA, or two weeks after receiving a single-dose COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the FDA.
- An Institution of Higher Education shall exclude Higher Education Personnel and Higher Education Students who are not fully vaccinated against COVID-19 from the premises unless they comply with the testing requirements specified in Subsection (d).
- Beginning 10 days after issuance of this Executive Order, to enter or work at or for an Institution of Higher Education, Higher Education Personnel and Higher Education Students who have not been fully vaccinated against COVID-19 must undergo testing for COVID-19, as described below, until they establish that they are fully vaccinated against COVID-19: Individuals are exempt from the requirement to be fully vaccinated against COVID-19 if (1) vaccination is medically contraindicated, including any individual who is entitled to an accommodation under the Americans with Disabilities Act or any other law applicable to a disability-related reasonable accommodation, or (2) vaccination would require the individual to violate or forgo a sincerely held religious belief, practice, or observance. Individuals who demonstrate they are exempt from the vaccination requirement shall undergo, at a minimum, weekly testing as provided for in Subsection (d).
- Higher Education Personnel and Higher Education Students who are not fully vaccinated against COVID-19 must be tested for COVID-19 weekly, at a minimum. Testing must be done using a test that either has Emergency Use Authorization by the FDA or be operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services.
- Such testing for Higher Education Personnel and Higher Education Students who are not fully vaccinated against COVID-19 must be conducted on-site at the Institution of Higher Education or the Institute of Higher Education must obtain proof or confirmation from the Higher Education Personnel or Higher Education Student who is not fully vaccinated against COVID-19 of a negative test result obtained elsewhere.
- IDPH recommends Higher Education Personnel and Higher Education Students be tested using PCR tests if available.
- State agencies, including but not limited to IDPH, the Illinois Community College Board, and the Illinois Board of Higher Education, may promulgate emergency rules as necessary to effectuate this Executive Order.