On Friday, September 17, 2021, ISBE issued emergency rules to implement Governor Pritzker’s Executive Order 2021-22 (issued concerning vaccination and testing requirements for school personnel). The emergency rules reiterate many of the requirements in the Executive Order but also include several important clarifications and new requirements that are highlighted below.
Timing of Vaccination
- School personnel acting in their school-based roles on or before the effective date of the Executive Order (September 3, 2021) are required to receive, at a minimum, the first dose of a two-dose vaccine series or a single-dose vaccine by September 19, 2021, and, if applicable, the second dose of a two-dose COVID-19 vaccine series within 30 days following the administration of their first dose.
- Meanwhile, school personnel who begin acting in their school-based roles after the effective date of the Executive Order are required to receive, at a minimum, the first dose of a two-dose vaccine series or a single-dose vaccine within 10 days of their start date in the school-based role, and, if applicable, the second dose of a two-dose COVID-19 vaccine series within 30 days following administration of their first dose.
Bi-Weekly Testing During “Outbreak”
- If a school is experiencing an outbreak of COVID-19 and school personnel who are not fully vaccinated may be part of the outbreak, as determined after consultation with public health authorities, such school personnel must be tested two times per week for the duration of that outbreak.
Access to Premises While Awaiting Test Results
- School personnel who are not fully vaccinated may be permitted to enter or work at the school while they are awaiting the results of their weekly test.
Exclusion of Symptomatic School Personnel and Contact Tracing
- Regardless of an individual’s vaccination status or testing status, the emergency rules require schools to exclude school personnel while acute symptoms of an infectious disease are present.
- The emergency rules also require schools to handle close contacts in accordance with IDPH rules or as recommended by the local health authority.
Contractors and Service Providers
- For school personnel who are not employed by the school or school district but are providing services through another entity (e.g., a contractor or service provider of the school), the school may determine that such school personnel are compliant with the emergency rules by requiring the entity to:
- Collect proof of vaccination against COVID-19 from the school personnel or proof of compliance with the testing requirements; and
- Submit an attestation to the school that they will collect this proof for any school personnel they provide to the school. Our office has developed model Contractor Notice and Attestation Forms that are available for current clients. Please contact Kerry Pipal or any other attorney in our Corporate/Governance practice group to request a copy of either of these forms.
Recordkeeping
- All schools must maintain a record for school personnel employed by the school or school district that identifies them as one of the following: fully vaccinated; unvaccinated and compliant with the testing requirements; or excluded from school premises.
- Each school must maintain the following documentation for each school personnel employed by the school or school district, as applicable:
- Proof of vaccination against COVID-19.
- The results of COVID-19 tests.
- Schools must maintain any school personnel medical records in accordance with applicable law.
Contact an attorney in our Labor/Personnel practice group with your questions about the ISBE’s emergency rules.
Source: ISBE Emergency Rules
