Update: Lawsuit against Illinois High School Association over mask rule; IHSA Announces It Will Defer to State Guidelines | Politics
ANALISA TROFIMUK
SPRINGFIELD – A Montgomery County lawyer is suing the Illinois High School Association over whether the entities have the power to enforce mask warrants for student athletes.
Craig Anderson, executive director of IHSA, and Hillsboro Community School District No. 3 are also included in the lawsuit.
Thomas DeVore, who practices in the St. Louis area, sued on behalf of his two children, athletes who will be seniors in Hillsboro schools. He claims they will be irreparably hurt by the rules for participation that IHSA introduced this month.
DeVore said Tuesday that the IHSA cannot legally enforce the mask requirement.
“When a government agency or someone you believe is in a position of power over you tells you to do something, you have to ask the question, ‘Do you have the power to do it?’†DeVore said.
Anderson declined to comment on the lawsuit, but provided the following statement: “We are aware of the lawsuit and do not intend to comment on the pending litigation at this time. All of our efforts remain focused on working with the best medical professionals in the state to try to provide the safest possible environment for our students to return to IHSA sports and activities in 2020-21. “
Later Tuesday, the IHSA announced that it would defer to the Illinois Department of Health (IDPH), the Illinois State Board of Education (ISBE) and the office of the governor on all of his “Back to Play†directives.
“There is an unprecedented level of planning for this school year due to COVID-19, and we understand that there needs to be more consistency between the guidelines for return to learning and return to interschool athletics, â€Anderson said in a statement. “Some of the recommendations of the IHSA Sports Medicine Advisory Committee (SMAC) and the IDPH guidelines have come into direct conflict, particularly with regard to the use of masks by student-athletes. Accordingly, we believe it is important to let the IDPH and the ISBE provide consistent direction to our members moving forward. We will await instructions from these organizations for further information on return-to-play plans for the 2020-21 school year. “
The IHSA announced on July 3 that athletes could resume summer training and competitions if schools follow a detailed social distancing and disinfection plan. But less than a week later, he announced drastic changes that Gov. JB Pritzker’s administration had demanded, including an increased focus on masks and ending scrums in basketball, football, lacrosse, football, volleyball, water polo and wrestling.
The lawsuit claims the change came after a COVID-19 outbreak at Lake Zurich High School. According to a July 7 email included in the dossier, the school found positive tests among 10 students who attended sports camps on Lake Zurich, as well as a relative who was hospitalized.
Jesse Ruiz, Pritzker’s vice governor for education, sent a note to Anderson the next day, saying the Illinois Department of Public Health would now require all sports participants to wear masks – it was then clarified that the measure did not apply to outsiders as a result of distancing – and would prohibit any physical contact between athletes.
“I know it’s difficult to change the recently released guidelines, but I know you appreciate the changes necessitated by the ever-changing public health conditions,†Ruiz wrote in an email included in the dossier.
The lawsuit claims the rules are “the illegal product of collusion between state agencies, Anderson and the IHSA,” and that the IHSA overstepped its authority by following state guidelines.
“We have the IDPH and the governor’s office dictating to a private entity that does not receive funding from the state,†DeVore said. “They are not controlled by public bodies, public bodies have no authority.”
DeVore, who has sued Gov. JB Pritzker’s administration on behalf of business owners resenting stay-at-home rules, is asking a judge to issue a temporary restraining order that would prevent the IHSA from apply the new restrictions.
“My only concern has always been that these kinds of rules, if they are to be imposed on us, must be enforced by the legislature,” DeVore said.
Despite the changes, Anderson said he was still optimistic that there could be some sport this fall.
“We still believe there is a way to get active in high school athletic activities in the fall, like the majority of states around Illinois are planning to do,†Anderson said. “For this to happen, it is important that we allow the IDPH, ISBE and the Governor’s Office to take the lead in ensuring the most secure and consistent protocols. “
The Chicago Tribune contributed to this story.
10 Ways Illinois Schools Could Be Different This Fall
10 Ways Illinois Schools Could Be Different This Fall
FACIAL MASKS
All persons in school buildings serving Kindergarten to Grade 12 students must wear a face mask at all times, with a few exceptions, even when social distancing is maintained.
Face coverings do not need to be worn outdoors as long as social distancing is maintained.
BRIAN CASSELLA, CHICAGO TRIBUNE
SOCIAL DISTANCING
Each school will need to develop its own plan to keep students and staff at an appropriate distance.
The state recommends that students be allocated seats and stay there as long as possible. If possible, desks should be rearranged so that they are six feet apart.
Schools are encouraged to limit the number of people in the hallways at the same time. The guidelines suggest that lockers should not be used and that sharing of lockers be prohibited.
While school education is highly recommended for all children, distance learning is likely to continue in one form or another depending on the individual needs of the family and the school.
HEALTH CHECKS
Schools will need to take temperatures or require temperature and symptom self-certification for all staff, students and visitors entering school buildings.
Anyone with a temperature of 100.4 degrees Fahrenheit or other known symptoms of COVID-19, such as fever, cough, shortness of breath or difficulty breathing, chills, fatigue, muscle and body pain, headache, sore throat , new loss of taste or smell, stuffy or runny nose, nausea, vomiting or diarrhea cannot enter buildings.
MUSIC
Indoor rehearsals are not recommended. Districts should consider moving the music and band outside and reducing class sizes.
Students should wear face masks when singing and avoid touching, choreographing, and singing or playing in circles. Instruments should not be shared at any time.
PHYSICAL EDUCATION
Games and sports that require close supervision and any potential physical contact with another player should be avoided to comply with state health guidelines. Whenever possible, physical education should take place outdoors.
Handshakes, high fives or any other physical contact are prohibited. Districts should consider not using changing rooms. The use of shared equipment is not recommended.
CAFETERIAS
Schools and districts should consider adding additional meal service hours so that cafeterias can operate with 50 people at a time. Schools may also consider having students eat at their desks or outside.
Meals should be served individually. Buffets, salad bars and the sharing of food and utensils should be prohibited.
PLAY GROUND
Although use of playgrounds is permitted during Phase 4, the state is asking districts to consider making playgrounds banned to meet social distancing requirements.
Playground equipment that is to be used should be monitored, specify guidelines, and there should be a cap on the number of students who can use different pieces of equipment at the same time.
SCHOOL BUSES
Face coverings must also be worn on buses. There cannot be more than 50 people on a bus at a time and social distancing should be maintained as much as possible.
Students will go through symptom and temperature checks, which may include a self-report, before they can board the bus. Seating plans are recommended.
HEALTH OFFICES
Schools will need to create health care zones that allow students to socially distance themselves and provide separate zones for sick and healthy children.
Healthcare offices are expected to contain supervised quarantine space for staff and students with what could be symptoms of COVID-19.
EXCURSIONS
Field trips are not recommended at this time. The state hopes schools will suspend all field trips until health officials determine they are safe. The CDC’s recommendation is to use virtual activities and events instead.
Contact Analisa Trofimuk at (217) 421-7985. Follow her on Twitter: @AnalisaTro
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