Judge Dismisses Lawsuit Challenging School District’s Authority to Require Face Coverings and Temperature Checks

Yesterday Judge Roger Thomson of the Eighth Judicial Circuit dismissed a lawsuit against the Quincy Public Schools seeking to overturn the District’s directive that students wear face coverings and submit to daily temperature checks in order to attend in-person learning.  In dismissing the lawsuit, the Court ruled that imbedded within the School Code are multiple provisions granting public school districts the authority to adopt rules governing attendance when necessary to allow schools to function and protect the public’s health and safety.

The face covering and temperature checks are mandated in the Illinois State Board of Education’s Phase 4 Reopen Illinois plan.  While this decision does not preclude similar filings against other school districts in Illinois, it provides at least one court’s perspective on the myriad public health measures Illinois public school districts are taking to safely reopen schools for in-person learning.

We will continue monitoring changes in the legal landscape affecting Illinois school districts and bring you more information as it becomes available. For more information on this topic contact the authors of this alert or any other Franczek attorney.