Huntley Community School District 158 votes in favor of optional masking following a Sangamon County court ruling
HUNTLEY – My Huntley News previously reported that some parents of children attending schools in Huntley Community School District 158 (D158) were among the over 700 individuals who filed a lawsuit against not only their respective school districts, but also Gov. JB Pritzker, the Illinois Department of Public Health (IDPH), IDPH Director Dr. Ngozi Ezike, and Illinois State Board of Education (ISBE) State Superintendent Carmen Ayala.
Sangamon County 7th Judicial Circuit Court Judge Raylene DeWitte Grischow ruled on Feb. 4, that the IDPH Emergency Rules enacted on Sep. 17, 2021, were considered “null and void.”
Additionally, Grischow instated a Temporary Restraining Order (TRO) as part of her ruling, which prohibits any of the defendants listed in the lawsuit from further enforcing Pritzker’s Executive Orders (EO) relating to COVID-19 mitigations in school settings (EO18, EO24, and EO25).
Further, school districts listed in the lawsuit may not require the use of masks for students and teachers who occupy their buildings, “except during the terms of lawful order of quarantine issued from their respective health department, in accordance with the IDPH Act,” according to the 29-page lawsuit document.
Other conditions defendants must follow under the TRO are that school districts cannot require individuals who are both unvaccinated and work in Illinois schools to provide negative COVID-19 test results or be vaccinated, and school districts cannot refuse admittance to their buildings for teachers and students even if they are deemed “close contacts” of a confirmed probable COVID-19 case.
In response to the court ruling, the D158 Board of Education (BOE) called for an emergency BOE meeting on Feb. 6 to discuss and review plans moving forward.
Many members from the D158 Parent Union group, which originated on Facebook, were in attendance at the Feb. 6 meeting to voice their opinions, however, one young speaker was especially passionate about wanting the BOE to vote in favor of making masking optional at the district.
“I’m in seventh grade and I haven’t had a normal school year since fourth grade. Fourth grade. That’s three years. I don’t want to wear a mask anymore. [Teachers] can’t see what I feel under here. If they’re asking a question, I say I understand. They don’t know if I really understand. They just know what I say and the fact that the teachers tell us to wear our masks properly when they’re not even wearing them the proper way,” a tearful Adrianna DeFrancisco told BOE members. “The fact that [teachers] threaten us to send us to the office is unbelievable. It’s my body, my choice. I get to pick if I want to wear a mask or not.”
Following public comments from attendees, BOE President Tony Quagliano made a motion to direct D158 administration to modify the district’s COVID-19 mitigation strategy to be consistent with the TRO, which will be applied equally to both the plaintiff and non-plaintiff populations of D158 while the TRO is in effect.
“As I discussed earlier in the meeting, we’ve been discussing at what point we were going to be making masks optional. So, this has already been on our trajectory in regards to how we move on,” said Quagliano. “We felt it’s important to be compliant with the TRO since we are a named [defendant].”
All but BOE member Paul Troy voted in favor of following the TRO by approving temporary modifications to D158’s COVID-19 mitigation plans.
“The ruling passed down from the judge on Friday, February 4 has granted the temporary restraining order against the state. As such, we are now in a position in which we cannot enforce masking or exclusion from school for close contacts in our district,” said D158 Superintendent Scott Rowe in a message sent out to families. “The ruling of the Austin v. Pritzker case DOES NOT impact the federal mask mandate on school buses and all public transportation. This is a federal requirement and is not being contested by this ruling. All students and staff will continue to be required to wear a mask while on the bus.”
In a Feb. 4 press release, Pritzker stated that he has asked Illinois Attorney General Kwame Raoul for an immediate appeal of Judge Grischow’s court ruling. Raoul is seeking an expedited appeal from the Fourth District Illinois Appellate Court.
“The grave consequence of this misguided decision is that schools in these districts no longer have sufficient tools to keep students and staff safe while COVID-19 continues to threaten our communities—and this may force schools to go remote,” said Pritzker. “This shows yet again that the mask mandate and school exclusion protocols are essential tools to keep schools open and everyone safe. As we have from the beginning of the pandemic, the administration will keep working to ensure every Illinoisan has the tools needed to keep themselves and their loved ones safe.”
“This decision sends the message that all students do not have the same right to safely access schools and classrooms in Illinois, particularly if they have disabilities or other health concerns,” said Raoul.
