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August 7, 2022

Court Orders North Mac Schools Back To Full In-Person Learning – Re: Remote and Adaptive Pause –

By John Kraft & Kirk Allen

On September 6, 2021

Macoupin County, IL. (ECWd) –

Today, Macoupin County Judge April Troemper issued a 22-page Partial temporary Restraining Order, which orders North Mac CUSD #34 back to full in-person learning within 10 days of  the date of the Order.

We cannot stress this enough – please read the entire Order (below or HERE) to grasp the full issues dealt with in this case.

From the Order (Judicial Notice):

  • 2021 MR 88 – Brown, June, Hogan, Hatalla v. North Mac CUSD #34 & Jay Goble, Superintendent – The Court takes judicial notice of 21 MR 88, where this Court issued a Temporary Restraining Order against the North Mac School District and Dr. Goble because they did not have legal authority to order students to quarantine; the law requires the local health department to determine who is a close contact subject to quarantine.
  • 2021 MR 90 – Brown, Hogan, Hatalla v. Macoupin County Public Health Department, & Kent Tarro, as Public Health Administrator – The Court takes judicial notice of 21 MR 90 whereby the Macoupin County Department of Public Health admits that these 3 named students are not subject to a quarantine order and thus are not considered a significant danger to the public’s health and welfare.
  • At the request of counsel, the Court takes judicial notice of Temporary Restraining Orders issued against the school districts in Clinton, Adams, and Montgomery Counties – although counsel acknowledges none of those pertain to the exact issue in this case but are similar to this Court’s previous decision in 21 MR 88.
  • The issue before the Court is whether the School District’s Superintendent had the legal authority to pause in-person learning for the entire North Mac High School and pivot to remote instruction absent a Declaration from the State Superintendent, thus depriving the four named students of their right to an in-person education.

WHEREFORE, the Court enters the following partial temporary restraining order:

  • North Mac CUSD #34 must get into compliance with the Governor’s Executive Order 21-18 and IDPH and ISBE’s Revised Public Health Guidance for Schools- Part 5 – Supporting the Full Return to In-Person Learning for All Students – August 2021, which require schools to implement layered preventative strategies, including but not limited to, diagnostic and “screening testing,” and
  • North Mac CUSD #34 must implement a plan for the quick, efficient, and safe return to in-person learning and notify the students, parents, and teachers.
  • North Mac CUSD #34 and Superintendent Goble must come into compliance with paragraphs 1 and 2 within 10 business days from the date of this Order.
  • If Defendants cannot come into compliance within the stated timeframe, then they must petition the Court prior to the expiration, and if good cause is shown, the Court may grant an extension.
  • This TRO was issued on September 6, 2021 at 7:32 p.m.
  • It shall remain in effect through September 16, 2021.
  • A hearing on Plaintiffs’ Motion for Preliminary Injunction is set for September 13, 2021 at 9:30 a.m.
Partial TRO - Students v. North Mac - Covid - remote and adaptive pause 21 MR 89

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3 Comments
  • jannie
    Posted at 08:27h, 07 September

    It appears like the super… cut out in-person attendance for the entire HS in this instance. I thought the other counties quaranteed (sp) those students who were “contacts” not the entire school. The other item I don’t understand in this county if they don’t provide any teaching, or if they are doing teaching “virtual” I don’t think you have the negative impact on parents (day care, etc), Though I understand that high school kids would be able to get into mischief left at home alone 🙂

  • Dennis Finegan
    Posted at 20:36h, 07 September

    Students have a “right to an in-person education”? Really?

    • Tony
      Posted at 06:46h, 08 September

      Worded another way, parents have a right to not have their tax money wasted by ineffective education for their children.

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