UPDATE 9-22-21: IDPH issued emergency rules on school exclusion. More information on the IDPH emergency rules is available here.
UPDATE 9-23-21: Governor Pritzker issued Executive Order 2021-25 to further clarify Executive Order 2021-24.
On Friday, September 17, 2021, Governor Pritzker issued Executive Order 2021-24 concerning school exclusion for individuals with Confirmed and Probable COVID-19 cases, as well as those who are Close Contacts. The Executive Order requires all schools (public, non-public, and charter schools) to exclude students and school personnel who meet certain COVID-19-related criteria regardless of whether an isolation or quarantine order has been issued by a local health department.
Executive Order 2021-24 requires schools to exclude students and school personnel from school premises, extracurricular events, or any other events organized by the school for the following time periods if they meet the criteria described below. Exclusion is required regardless of whether an isolation or quarantine order has been issued by a local health department, as exclusion from school by a school is not considered isolation or quarantine.
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Definition |
Exclusion Period |
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Confirmed Cases
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Person with a positive result on a COVID-19 molecular amplification diagnostic test (e.g., PCR test), irrespective of clinical signs and symptoms |
Minimum of 10 days following onset date if symptomatic or date of COVID-19 test if asymptomatic, or as otherwise directed by the school’s local health authority |
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Probable Cases |
Person with a positive result on a COVID-19 antigen diagnostic test, irrespective of clinical signs and symptoms, or with a COVID-19 like symptoms who was exposed to a Confirmed Case or Probable Case | Minimum of 10 days following onset date if symptomatic or date of COVID-19 test if asymptomatic, or as otherwise directed by the school’s local health authority |
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Close Contact
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Individual who was within 6 feet for at least 15 minutes with a Confirmed Case or Probable Case in a 24 hour period Does not include a student who was within 3-6 feet of a Confirmed or Probable Case in a classroom setting if both the Confirmed Case or Probable Case and Close Contact were consistently masked for the entire exposure period Also does not include individuals who are fully vaccinated or who tested positive for COVID-19 within prior 90 days and are currently asymptomatic |
Minimum of 14 days or as otherwise directed by the school’s local health authority, which may recommend options such as exclusion for 10 days or 7 days with a negative test result on day 6 As an alternative to exclusion, schools may permit Close Contacts who are asymptomatic to be on school premises, at extracurricular events, or any other events organized by the school if both the Confirmed Case or Probable Case and the Close Contact were masked for the entire exposure period and provided the Close Contact tests negative on days 1, 3, 5 and 7 following the exposure |
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Students and School Personnel with Symptoms of COVID-19
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Minimum of 10 days (or until they test negative*) and until they are fever free for 24 hours and 48 hours after diarrhea or vomiting have ceased *From IDPH emergency rules and EO 2021-25 |
Schools must make remote instruction available for students excluded from in-person instruction pursuant to the Executive Order consistent with the requirements declared by the State Superintendent for Education pursuant to Sections 10-30 and 34-18.66 of the School Code (105 ILCS 5/10-30 and 105 ILCS 5/34-18.66).
While schools statewide continue to face challenges to their ability to exclude students and school personnel for COVID-19-related reasons, Executive Order 2021-24 provides clear mandates as to school exclusion for COVID-19 related illnesses, even in the absence of orders from a local health department. We recommend schools closely review the Executive Order and consult with legal counsel.
Contact an attorney in our Student/Special Education and Labor/Personnel practice groups with your questions about Executive Order 2021-24.
Source: Executive Order 2021-24
