Essential Analysis of Illinois School Reopening Order and Guidance

By executive order on June 4, 2020, Illinois Governor J.B. Pritzker authorized all public and nonpublic preK-12 schools the state to reopen after the completion of the 2019-2020 school term for limited educational purposes such as summer school. With that authority comes the obvious question of how logistically to do so. The executive order directs schools to comply with guidance from the Illinois State Board of Education and Department of Public Health and take other proactive safety measures outlined in the order. Examples of such measures include limiting individuals in one space to 10, ensuring social distancing “to the greatest extent possible,” ensuring appropriate hygienic practices, requiring use of PPE (including by students), and providing face coverings to all employees who cannot maintain social distance.

Shortly after the executive order’s release, ISBE and IDPH issued updated guidance also addressing reopening. As explained in ISBE’s press release, the 29-page “Part Two – Transition Joint Guidance” document makes clear that in-person summer activities will require “extensive” social distancing, cleaning, and use of personal protective equipment for schools reopening for the summer. The guidance then describes in detail the requirements for reopening, including requirements for face coverings and PPE, frequent handwashing, checks for and exclusion of individuals with symptoms and temperatures before entering buildings, restrictions on borrowing or sharing items, and limiting gatherings to 10 or fewer while in Phase 3. This alert includes a chart summarizing the guidance’s discussion of many of these requirements. Because ISBE has expressly stated that the guidance also applies to Phase 4—when the number of people permitted in a single space increases from 10 to 50—the document is essential reading for all school leaders involved in the reopening process for both summer school and fall.

Both the executive order and the guidance reiterate that school boards and superintendents retain the right to decide whether to reopen, in consultation with public health departments. School leaders must weigh their ability to comply with these requirements and recommendations, which are extensive and have come on the eve of summer school, against the impacts of continued remote learning on their communities. School leaders should work with legal counsel to discuss the feasibility of adhering to these recommendations as well as many tangential concerns, including labor and employment impacts and special education implications, among many others.

Executive Order 40

As of May 29, 2020, all four health regions in the state moved into Phase 3 of the Restore Illinois plan for reopening. In line with the plan, Governor J.B. Pritzker issued Executive Order 40 authorizing all public and nonpublic preK-12 schools to reopen for limited educational purposes, such as summer school, following the completion of the 2019-2020 school term, as long as they comply with ISBE/IDPH guidance and take proactive safety measures.

The executive order identifies the following examples of proactive safety measures that schools should employ when reopening:

The executive order further notes that all public and nonpublic schools may continue to provide food and other non-educational services in addition to the limited in-person reopening. We recommend that schools continue to comply with any legal requirements regarding meal distribution and other services during the COVID-19 crisis.

Finally, the executive order suspends the requirement that minors seeking employment certificates submit applications in person.

ISBE/IDPH Updated Summer School Reopening Guidance

As previously noted, the ISBE and IDPH guidance addresses, in addition to summer school, several allowable activities for which schools may reopen now that we have reached Phase 3. These activities including behind-the-wheel instruction, extended school year, summer camps and programs, IEP meetings, case study evaluations, and professional development meetings, among others. The guidance continues to recommend, however, that if meetings and activities can be completed remotely they be done in that manner.

In addition to reiterating and building on the 10-person limit, social distancing, increased hygiene, PPE/face covering mandates in the executive order, the ISBE/IDPH guidance also recommends the following, among others:

Employee Issues

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Cleaning Issues

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