Edwardsville CUSD 7 superintendent Patrick Shelton told parents and staff that beginning Wednesday masks are "recommended" in schools, but the district cannot require they be worn without a court order or an order from the local health department.
Shelton's decision to lift masking was made following a 9-0-2 vote by a state rulemaking committee, the Joint Committee on Administrative Rules (JCAR), which rejected Gov. JB Pritzker's attempt to reissue emergency rules he relied on to force masking and other COVID requirements in schools.
"As a district, we have a duty to be compliant with all state and federal mandates and follow the guidance of health care professionals locally, regionally and nationally," he wrote in an email Tuesday night. "As a result, beginning Wednesday, February 16, 2022, District #7 will recommend masks for all students and staff in our schools. This also applies to Kid Zone. Additionally, students who are currently excluded as close contacts may return to school tomorrow."
On Monday Pritzker re-filed his emergency rule on COVID mitigations, after it had expired on Sunday, Feb. 13. The emergency rule was then put back into effect until JCAR voted affirmatively to block it with a minimum of eight members on the 12-member committee.
While Pritzker announced last week that he was easing masking requirements at the end of the month, he said he would keep the rule in effect for schools.
Tuesday's bi-partisan JCAR vote precedes a ruling at the Fourth District Appellate Court on a temporary restraining order that blocked enforcement of Pritzker's COVID school mandates. In the TRO issued Feb. 4, Sangamon County Judge Raylene Grischow declared the governor's use of emergency rules to be unlawful and void.
According to a report in Capitol Fax, the Fourth District has asked both sides in the TRO argument to explain how the JCAR vote affects the appeal. Their explanations are due by 1 p.m. Wednesday.
The JCAR vote also was made amidst a groundswell of parent and student protests across the state demanding school districts go "mask optional" given Judge Grischow's ruling. More than 500 school districts moved to mask optional, according to plaintiff attorney Tom DeVore of Greenville, who represents hundreds of parents challenging the state and school districts over masking and other COVID restrictions.
On Tuesday afternoon, dozens showed up for a "Show me your Smile" rally near the Edwardsville district administration building, Hadley House, in protest of Edwardsville 7's COVID restriction protocols.
Here is Shelton's email in full:
Earlier today, we learned of an action from the Joint Committee on Administrative Rules (JCAR) which voted 9-0 to reject a reintroduction of emergency rules for COVID-19 protocols in schools which include masking, testing, and exclusion. JCAR is not connected to the Illinois Appellate Court process, which we are still awaiting a ruling from.
In working with our legal counsel, the impact of this committee vote means that because these emergency rules have expired, schools can only require employee vaccinations/testing, student and employee masking, and exclusion of students and employees (positive or close contacts) from school if there is a court order or an order from the local health department.
As a district, we have a duty to be compliant with all state and federal mandates and follow the guidance of health care professionals locally, regionally and nationally. As a result, beginning Wednesday, February 16, 2022, District #7 will recommend masks for all students and staff in our schools. This also applies to Kid Zone. Additionally, students who are currently excluded as close contacts may return to school tomorrow.
Please note that federal law still requires masks on buses. The committee vote does not change this, and so students who ride buses will still be required to wear masks.
While the District recommends masks, we also remain vigilant about providing a safe environment for students and staff. Families can expect that we will:
- Continue to implement several mitigating strategies in all our schools, including opportunities for vaccinations, social distancing to the greatest extent possible, district-wide testing, incorporating fresh air into the school environment, HEPA filtration systems in our larger cafeterias, and cleaning and sanitizing on a regular basis.
- Have KN95 masks available for any staff member who wishes to have one. We will also have KN95 masks available for our students that can be picked up in the school office.
- Recommend any symptomatic students and staff to remain at home.
We understand that this is a shift in our mitigation strategies, and it will be met with differing responses from all stakeholders. District #7 expects each of our students and community members to treat each other with civility, understanding and respect. As individuals, agreement is less important than seeking to understand others and the perspective that they hold related to any given situation. I would encourage each of our District #7 families to have a conversation with their child about respecting others, including the way in which we each approach COVID. I appreciate those of you who have reached out to better understand, as we are better together as a school district and as a community.
Ultimately, we all want the same thing – to provide in-person learning and opportunities for District #7 students to excel in their own individual talents.
Thank you for your patience, understanding, and support as we continue to educate children in the District #7 community.
Sincerely,
Patrick Shelton, Ed.D.
Superintendent