We have developed a resolution for adoption by boards of education approving their school district’s re-opening plans for the 2020-21 school year. The resolution is based on the broad discretionary authority which school boards possess under Sections 10-20 and 10-20.5 of the School Code to manage, and make rules for, the operation of their school district and schools. The resolution strengthens the authority of school boards and administrators to implement and enforce their plans, including safety and protective requirements, and helps utilize the extensive protection from COVID-19 liability already provided by the Illinois Tort Immunity Act. The resolution also eliminates, in most cases, the immediate need to identify and amend existing policies which conflict with the re-opening plans.

We have also developed a chart which identifies the nearly 60 health and safety items in the June 23, 2020 guidance document from the Illinois State Board of Education along with a few additional items which we have added. The chart is designed to increase the safety of students, staff, parents and community members as schools re-open, reduce liability risks and enhance the ability to use the Tort Immunity Act defenses against COVID-19 liability.