What to know about the ruling on Illinois school mask mandate lawsuit and what's next

Steven Spearie, State Journal-Register
·3 min read

On Friday, 7th Judicial Circuit Court judge Raylene Grischow granted a temporary restraining order that reduced schools' ability require masks and vaccinations for students and faculty and staff.

The order was the result of several lawsuits brought by Greenville attorney Thomas DeVore on behalf of several hundred parents and teachers from around the state.

It also voided emergency rules from the Illinois State Board of Education and from the Illinois Department of Public Health.

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What does the TRO ruling mean, what's next and how are schools responding? Here's what we know.

What the ruling does

Grischow's temporary restraining order blocks the nearly 170 school districts named in DeVore's lawsuits from enforcing mask requirements and exclusion rules for students and staff as well as vaccination and testing requirements for school staff without "due process."

It also voided emergency rules from ISBE requiring regular testing or proof of vaccination from school staff. It also voided rules from IDPH outlining a school's obligation to "exclude" students from school who have confirmed cases of COVID-19 or are a "close contact" to someone with COVID-19.

Students in Physical Education class at Rochester Elementary School celebrate as they cheer on their classmates scoring a goal during Brent StuckeyÕs PE Class in Rochester, Ill., Wednesday, September 15, 2021. Illinois students and school staff in K-12 and early childhood care centers are required to wear masks indoors because of the COVID-19 pandemic. [Justin L. Fowler/The State Journal-Register]

What happens next?

The state swiftly announced it would appeal the decision.

Gov. JB Pritzker said Friday "the grave consequence of this misguided decision" may force school districts to return to remote learning.

"This decision," said Illinois Attorney General Kwame Raoul in a statement, "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."

All parties are under the TRO at the moment. The Fourth District Appellate Court will take up the matter of a "stay" probably within the next couple of days. This will mean parties will continue under the TRO or revert back to the mitigations.

The appellate court will make a final ruling on the decision within 14 days and the case could ultimately wind up in the Illinois Supreme Court.

Do students need to wear masks?

In a letter to teachers Sunday, Springfield School District 186 Superintendent Jennifer Gill said it is "encouraging everyone to consider following mitigations at school to maintain consistency until a more definitive ruling and additional guidance are brought forth."

The goal, Gill added, "continues to be to keep students in school."

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Rochester schools, said Superintendent Dan Cox, have temporarily adopted a “mask recommended” mitigation strategy until the appellate court’s decisions are received. "Students and staff may choose to wear masks, but masks will no longer be required to come to work or school," Cox noted in a letter.

Springfield Catholic Schools now consider COVID-19 protocols as "guidance, not mandates," according to a statement from the diocese. "However, pastors and principals ... are given the discretion to decide other safety precautions and mitigating strategies."

Contact Steven Spearie: 217-622-1788, sspearie@sj-r.com, twitter.com/@StevenSpearie.

This article originally appeared on State Journal-Register: Are masks and vaccinations required in Illinois schools? What to know