Dear District 58 Families,
I hope everyone is having a great Sunday, and thank you for your patience this weekend as the District consulted with its legal counsel on the recent court rulings I referenced in yesterday’s email. The purpose of this letter is to update you on how the District will move forward in the short term while legal proceedings continue.
Since the start of the pandemic, the goal of the administration and the Board of Education has been to prioritize in-person instruction while following the directives of the Illinois Department of Public Health (IDPH) and the Illinois State Board of Education (ISBE). Throughout the pandemic, our team has also advocated for clearer guidelines from the State of Illinois as to when the mitigations for COVID-19 will end and what the “off-ramp” will be to return to normal. As you can imagine, there are very strong opinions on both sides of this issue. In the last 24 hours, this has been made clear in messages sent to the Board/District as well as various posts on social media platforms. Despite the differences in our community, I believe there is a wide consensus that students belong in school for in-person learning with as few disruptions to the educational process as possible. District 58 believes that this is the best thing for our students and we will continue to advocate and do everything possible to ensure that our students remain in-person for instruction.
The lawsuits that are currently in the court system seek to invalidate the Governor’s mask mandate and quarantine requirements. Additionally, the lawsuits seek to invalidate staff vaccine and testing requirements. Once again, the Board of Education in District 58 did not create the mask mandate.
As I shared yesterday, District 58 was not a party to these lawsuits. Given the lack of class certification and ambiguity in the language of the ruling, there is uncertainty as to the extent to which this ruling impacts District 58. A motion has been filed for a stay to be put in place this weekend while the decision is being appealed, and the Governor has indicated that the decision will be appealed. This issue is now being processed through the courts, which is where these types of legal decisions must be decided.
Since this matter is now making its way through the court system and District 58 is not a party in these lawsuits, the status quo for masking and quarantine requirements will remain in place during this interim period (we expect the appellate court to make a decision within two weeks). This decision has been made in consultation with our counsel as they and we continue to closely monitor these cases and the appeal. If a new court order comes out that makes this ruling universal to all school districts, District 58 will immediately comply subject to a stay of any such order pending appeal.
Removing the mitigation requirements before this matter is settled in the courts would likely cause a substantial disruption to the educational process. For example, if District 58 were to remove all of the mitigations today, an emergency stay could be put in place tomorrow. This would mean that students and staff would not have to follow the mitigations in the morning, but could be bound to do so in the afternoon. Further, the District has experienced several outbreaks this school year. One of the main reasons the DuPage County Health Department (DCHD) did not shut down a class, grade level, or school, is because we adhered to the recommended guidelines. If the guidelines were to disappear without a comprehensive understanding of the ramifications, in-person learning could be jeopardized. Further, the District seeks to avoid a situation where the rules we follow change on a daily basis.
I once again write to ask for your patience and understanding as our district navigates the legal proceedings. Please note that our team is not advocating for endless mitigations. Rather, we are advocating for ensuring that our students remain in school while this process plays out in the courts. It is worth noting that prior to the mask mandate being put in place by the Governor, our team recommended a mask-optional policy for those students that were eligible to receive the vaccine.
We need time to gain a better understanding of what will take place in terms of safety, student/staff attendance, liability, and in-person learning if mitigations are optional. We need clear guidance from the various agencies as to the ramifications of any change in procedures. We have not been able to get this guidance as the court rulings came out Friday evening and all agencies have been closed this weekend.
I have received a small number of emails from parents stating that no matter what is decided, their children will be sent to school tomorrow without a mask. Regardless of how you feel about the court’s ruling, appeal process, or our short-term plan to navigate this situation, please do not place your child(ren) in the middle of this complex situation. As I shared before, this matter is being resolved in the courts where it belongs. The bond between our students and staff is something truly special. Students and staff respect one another, and our goal is to not have any disruptions to the educational process. Everyone needs the necessary time to focus on instruction and not other matters that are beyond their control. We want to ensure that students are not put in a position where they have to refuse staff directives and then be sent home. This would be damaging to our students and staff and disrupt the educational process for everyone. Again, this matter will be resolved in the courts very soon and the process needs to run its course.
I recognize that many in the community want their voices heard on this issue. I also recognize that complex issues require a community solution. The Board of Education is scheduled to meet on Monday, Feb. 14, 2022. While I anticipate that there will likely be updates prior to next Monday, this issue will be discussed at the next public meeting. The Board of Education will also host “Coffee with the Board” prior to the meeting to engage stakeholders in a conversation on this topic.
Thank you for your continued support of our students and staff. These are incredibly challenging times for all of us. The District will continue to consult with its legal team and other districts. Please be advised that this situation remains fluid and change can take place at any time. Throughout this pandemic, we have been successful because we have remained united. I ask for your continued patience, grace, flexibility, and understanding.
Sincerely,
Dr. Kevin B. Russell
Superintendent of Schools