Under Governor Pritzker’s March 4 Executive Order, School Staff Vaccination/Weekly Testing Requirement Continues, But Exclusion Mandates Do Not

On March 4, 2022, Governor Pritzker issued Executive Order 2022-07 which has implications for Illinois schools as they continue to grapple with this phase of the  COVID-19 pandemic. Most notably, the latest Executive Order reissues and extends Executive Order 2021-22 requiring all school personnel to either be fully vaccinated against COVID-19 or submit to weekly COVID-19 testing. While the enforceability of this mandate was unclear following the Sangamon litigation, for now and through at least April 2, 2022, vaccination/testing mandates for school personnel remain in place. At least two new TRO motions have been filed in Sangamon County Circuit Court seeking to block school districts from implementing these mandates. One of those motions is scheduled for hearing next week, with a hearing date on the other yet to be determined.   

Also of note, the latest Executive Order expressly states that the Governor has declined to reissue Executive Order 2022-03 requiring schools to exclude students and staff due to being a confirmed positive COVID-19 case or a probable or close contact of a positive COVID-19 case. However, Executive Order 2022-07 goes on to state “schools continue to have long-standing authority to address confirmed, suspected, and contacts of infectious disease cases, including COVID-19, independent of Executive Order 2022-03.” If you have any questions or want additional information, please reach out to your Franczek contact or the authors of this post.