East Central Reporter

An Illinois Circuit Court Judge has issued a temporary restraining order prohibiting the Carlyle Community School District 1 from banning a student from class after she was in contact with a person who later tested positive for COVID-19.

The order issued by Clinton County Judge Don Sheafor against Carlyle and Superintendent Annie Gray asserts “a school district can’t keep a student from attending school unless there’s a quarantine order issued.”

Parent Ronald Peters was represented in the case by attorney Thomas DeVore, who established during proceedings that the school district made the decision to ban the student without consulting with either the Health Department, the student involved or the parents.

Sheafor’s order maintains the district is “enjoined from excluding [the unidentified student] from the facilities for being an individual public health risk unless an order of quarantine issues against [the student] from the local health department as required by the Illinois State Board of Education.”

DeVore hopes the ruling sends a message across the state.

“The court was clear that due process was being violated by the school district as an order of quarantine issued by the health department was necessary to suspend the children’s right to an in-person education,” he said. “The judge said we have a dictatorship if due process is not afforded to people.”

A hearing on a preliminary injunction is set for Sept. 27.

At the start of the school year, Carlyle joined other schools in defying the governor’s universal mask mandate. After being placed on probation by the state and with the threat of state funding being stripped away, school board members had a change of heart.

Just two weeks into the school year, reports are as many as 150 students are already in quarantine with close to 30 testing positive for COVID-19.

With the surging numbers, some parents indicate they may not be done with filing legal challenges.

One, who insists her son is healthy but now in quarantine, nonetheless, with no academic instruction from the school, told KSDK a group of parents has already hired an attorney and plan to sue the district over the mask mandate.