Jacksonville School District 117 Superintendent Steve Ptacek says, at this time, they will not exclude some staff who refused to comply with Governor Pritzker's Executive Order 2021-20.
The order lays out requirements for school personnel that they must wear a mask while indoors. Additionally, the executive order outlines that staff must either be vaccinated against COVID-19 or submit to weekly COVID-19 tests.
Ptacek says he will not exclude staff not complying if they make a claim under the Illinois Health Care Right of Conscience Act.
He went on to say that more work needs to be done to remove or "substantially lessen the legal risks" school districts are currently assuming.
In a letter he sent to the Illinois State Board of Education (ISBE) and Governor Pritzker's Office, Ptacek says the district will continue to test, document, and complete everything in the executive order.
Ptacek wrote in his statement that battling refusals made under the Illinois Health Care Right of Conscience Act could be risky.
"I have been advised that while schools will most likely win a lawsuit based on the HCRCA, a win is not guaranteed and defending a lawsuit will likely take years and will cost the taxpayers hundreds of thousands of dollars," Ptacek wrote. "Furthermore, if the claim does win, the penalties are tremendous. Per the statute, the penalties for violating the HCRCA are “threefold the actual damage”, plaintiff attorney fees, and more. For a $50,000/year employee, the penalties and costs could very realistically cost the taxpayers $500,000 per incident."
Jacksonville's Superintendent did offer options on how the risk for school districts could be lessened.
- The Governor can issue an Executive Order clarifying the issue and clearly stating that the HCRCA does not apply to testing for the virus while the Emergency Proclamation is in place.
- The Illinois General Assembly can modify the HCRCA clarifying if it applies to staff testing for the virus.
- The ISBE can “promulgate emergency rules as necessary” and clearly state the repercussions school districts will face if they do not implement the Order. This will lessen the risk for school districts by providing clear evidence that school districts do not have any option other than to follow this mandate.