Rob Cruz v. Jay R. Pritzker – COMPLAINT -

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IN THE CIRCUIT COURT COOK COUNTY, ILLINOIS ROBERT CRUZ, individually, and in his official capacity as a Member of the Oak Lawn Community High School District 229 School Board, Plaintiff, Case No.: 21-MR- _________ v. JAY R. PRITZKER, in his official capacity as Governor, and DR. CARMEN I. AYALA, in her VERIFIED COMPLAINT official capacity as Director of the Illinois State Board of Education, Defendants. COMES NOW, Robert Cruz, by and through undersigned counsel, and files this Complaint seeking Declaratory and Injunctive Relief against Jay R. Pritzker, in his official capacity as Governor of the State of Illinois and Dr. Carmen I. Ayala, in her official capacity as Director of the Illinois State Board of Education, on the grounds set forth as follows: INTRODUCTION In further pursuit of quenching his insatiable appetite for power, Governor Pritzker issued Executive Order 2021-18 (“E.O. 85”) which inter alia mandates public and nonpublic K-12 schools “follow the joint guidance issued by ISBE and IDPH . . . [and] requir[e] the indoor use of face coverings” in abject disregard of the separation-of-powers doctrine of the Illinois Constitution and the Illinois General Assembly’s express intent to vest in local school boards the authority to “adopt and enforce all necessary means for the management and government of the public schools of the district.”1 In doing so, Gov. Pritzker not only vitiates local school boards’ authority, but also, the authority of Illinois parents to make health-related decisions concerning their own children. 1 See 105 ILCS 5/10-20.5 et seq. PARTIES 1. Plaintiff Robert Cruz (“Mr. Cruz”) is a resident and taxpayer of the Oak Lawn Community High School District 229 ("District 229") in Cook County and serves as a duly elected member of the District 229 school board. Mr. Cruz is also a father of a minor child who attends school in Oak Lawn Hometown School District 123 in Cook County, Illinois. 2. Jay R. Pritzker ("Pritzker") is the duly elected Governor of the State of Illinois. 3. Dr. Carmen I. Ayala ("Dr. Ayala") is the director of the Illinois State Board of Education ("ISBE"). JURISDICTION & VENUE 4. This Court has jurisdiction over this action because Mr. Cruz is a resident of Cook County and the father of a minor child who attends a public school located in Cook County, serves as a Member on the District 229 School Board, and is alleging the Governor of Illinois is violation the Illinois Constitution and the Illinois Emergency Management Agency Act. 5. Governor Pritzker’s actions deny Mr. Cruz, individually, and as a Member of the District 229 School Board equal protection of the law under Article I, Section 2 of the Illinois Constitution. 6. Pursuant to 735 ILCS 5 §§ 2-701, 11-101, and 11-102, Plaintiff is entitled to a judgment; and temporary, preliminary, and permanent injunctions declaring that the school-related provisions included in E.O. 85 is unconstitutional or exceeds statutory authority, and therefore, is null and void and bears no legal effect. 7. A ripe controversy exists between the parties as to the constitutionality of the school-related provision contained in E.O. 85 on its face and as applied against Mr. Cruz as a 2 parent of a minor child enrolled in a public school located in Cook County and as a member of the District 229 school board. 8. Other than the claims asserted in this action, Mr. Cruz has no adequate state remedy to redress, or otherwise rectify, his constitutional rights that have been violated, or otherwise abridged, by Governor Pritzker as alleged herein. 9. Venue is proper in Cook County because a substantial portion of the events alleged herein occurred in Cook County and E.O. 85 is in full force in Cook County. FACTUAL BACKGROUND A. COVID-19 Statistics 10. As of August 18, 2021, the Illinois Department of Public Health (“IDPH”) reports 1,474,285 total cases of COVID-19.2 11. As of August 18, 2021, IDPH reports persons under the age of 20 account for 246,227 cases of the total cases of COVID-19.3 12. Of those 246,227 reported cases, there have been 22 persons who had COVID-19 at the time of death.4 It is unknown for how many of these 22 persons COVID-19 was the cause of death, if any. 13. The CDC estimates that only (1 of 4.2) 23.8% of all COVID infections are reported to the public health authorities.5 14. The CDC estimated that a much larger percentage, being (1 out of 1.3) 76.9% of COVID deaths are in fact reported to the public health authorities.6 2 See, Exhibit 1. 3 See, Exhibit 2. 4 See, Exhibit 3. 5 See, Exhibit 4. 6 Id. 3 15. As such, in the State of Illinois, according to IDPH statistics and the CDC analysis of unreported cases, the survival rate of children under 20 years of age in Illinois, should he or she even contract COVID-19, is 99.999973%.7 16. Based on these statistics, Gov. Pritzker has “declare[d] that a disaster exists” in the State of Illinois pursuant to the Illinois Emergency Management Agency Act8 (“IMEAA”)–a statute upon which Gov. Pritzker has relied to maintain executive control over nearly all facets within the State of Illinois for the last eighteen (18) consecutive months. B. The Illinois Emergency Management Agency Act & Executive Order 2021-18 17. The IMEAA authorizes the governor of this state “to declare that a disaster exists.”9 18. The IMEAA defines a “disaster” as: [A]n occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or technological cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism.10 19. The IMEAA defines a “public health emergency” as: [A]n occurrence or imminent threat of an illness or health condition that . . . poses a high probability of . . . a large number of deaths in the affected population . . . .11 20. Once a “disaster” based upon a “public health emergency” is declared, the IMEAA “create[s] within the executive branch of the State Government an Illinois Emergency 7 (247,227 / 0.238) = 1,038799 total reported & unreported cases / (22 / 0.769) = 28 total deaths, both reported and unreported / [1 – (28 / 1,038,799)] = 99.999973% survival rate. 8 See 20 ILCS 3305 et seq. 9 See 20 ILCS 3305/7. 10 See 20 ILCS 3305/4 (emphasis added). 11 Id. 4 Management Agency (“IMEA”) and a Director of the [IMEA] . . . [who] shall be appointed by the Governor . . .” .12 21. The IMEA shall “[p]repare, for issuance by the Governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with [the] disaster[ ].”13 22. On August 4, 2021, Gov. Pritzker issued E.O. 85 which states in pertinent part: All public and nonpublic schools in Illinois serving pre-kindergarten through 12th grade students must follow the joint guidance issued by ISBE and IDPH and take proactive measures to ensure the safety of students, staff, and visitors, including, but not limited to: (a) requiring the indoor use of face coverings by students, staff, and visitors who are over age two and able to medically tolerate a face covering, regardless of vaccination status, consistent with CDC guidance . . .”.14 C. Erroneous Reliance Upon Constitutional and Statutory Authority 23. In issuing E.O. 85, Gov. Pritzker erroneously relies upon the Illinois Constitution and the IMEAA Sections 7(1), (2), (3), 7(12), and 7(19) to allege he is vested with lawful authority to issue the School Provision. 24. Section 7(1) of the IMEAA does not authorize Gov. Pritzker to take executive action pertaining to public and nonpublic schools. Specifically, IMEAA Section 7(1) authorizes Gov. Pritzker to: [S]uspend the provisions of any regulatory statute prescribing procedures for conduct of State business, or the orders, rules and regulations of any State agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder or delay necessary action, including emergency purchases, by the Illinois Emergency Management Agency, in coping with the disaster. 12 See 20 ILCS 3305/5. 13 See 20 ILCS 3305/5(f)(3) (emphasis added). 14 The portion of Executive Order 2021-18 cited in paragraph 22 shall be referred to hereinafter as the “School Provision”. 5 25. Section 7(2) of the IMEAA does not authorize Gov. Pritzker to take executive action pertaining to public and nonpublic schools. Specifically, IMEAA Section 7(2) authorizes Gov. Pritzker to: [U]tilize all available resources of the State government as reasonably necessary to cope with the disaster and of each political subdivision of the State. 26. Section 7(3) of the IMEAA does not authorize Gov. Pritzker to take executive action pertaining to public and nonpublic schools. Specifically, IMEAA Section 7(3) authorizes Gov. Pritzker to: To transfer the direction, personnel or functions of State departments and agencies or units thereof for the purpose of performing or facilitating disaster response and recovery programs. 27. Section 7(8) of the IMEAA does not authorize Gov. Pritzker to take executive action pertaining to public and nonpublic schools. Specifically, IMEAA Section 7(8) authorizes Gov. Pritzker to: [C]ontrol ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein. 28. Section 7(12) of the IMEAA does not authorize Gov. Pritzker to take executive action pertaining to public and nonpublic schools. Specifically, IMEAA Section 7(12) authorizes Gov. Pritzker to: Control, restrict, and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods, or services; and perform and exercise any other functions, powers, and duties as may be necessary to promote and secure the safety and protection of the civilian population. 29. Section 7(19) of the IEMAA does not exist, thus mooting any reliance thereon. 6 30. Similarly, Gov. Pritzker’s reliance upon the Illinois Constitution is also misguided, in that the Illinois Constitution states: A fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities15 . . . [and] [t]he State shall provide for an efficient system of high quality public educational institutions and services.16 31. In fulfilling its Art. X § 1 constitutional obligation, the Illinois General Assembly enacted the Illinois School Code17 which inter alia creates local school boards and delegates to the local school boards the authority to “adopt and enforce all necessary means for the management and government of the public schools of the district.”18 32. Pursuant to the separation-of-powers doctrine19 of the Illinois Constitution, “[t]he legislative, executive and judicial branches are separate. No branch shall exercise powers properly belonging to another.”20 33. In the State of Illinois, it is well-established that the legislature has vested in school directors and local school boards–not the executive–the authority, in cases of emergency, to institute temporary measures to prevent the spread of an infectious disease.21 34. Moreover, the Illinois General Assembly (the “legislature”) expressly articulated the scope within which the IMEA may take action as it pertains to public K-12 schools. Specifically, the IMEAA provides for two–and only two–perimeters under which the IMEA may exercise authority under the IMEAA. Specifically, the Illinois Emergency Management Agency: 15 See Il. Const. Art. X, § 1. 16 Id., (emphasis added). 17 See 105 ILCS 5/10-20.5 et seq. 18 Id. 19 Il. Const. Art. II, § 1 is hereinafter referred to as the “separation-of-powers doctrine”. 20 Id., (emphasis added). 21 Hagler v. Larner, 284 Ill. 547 (1918) (quoting Potts v. Breen,167 Ill. 67, 47 N. E. 81, 39L. RA. 152, 59 Am. St. Rep. 262; Lawbaugh v. Board of Education, 177 Ill. 572, 52 N. E. 850; People v. Board of Education, 234 Ill. 422, 84 N. E. 1046, 17 L. R. A. (N. S.) 709, 14 Ann. Cas. 943). 7 (a) shall expand the Earthquake Awareness Program and its efforts to distribute earthquake preparedness materials to schools . . . [and] [m]aintain the list of all school districts . . . at the greatest risk of damage from earthquakes . . .;22 and (b) is authorized to make grants to various . . . public K-12 school districts and nonpublic K-12 schools for safety and security improvements.23 35. It is not subject to reasonable dispute that an executive order stating public and nonpublic K-12 schools must “follow the joint guidance issued by ISBE and IDPH . . . [and] requir[e] the indoor use of face coverings”24 is overbroad and that such provisions fall well outside the scope of the Gov. Pritzker’s authority under the IMEAA. Boiled down to its essence, ISBE and IDPH guidance and facial coverings do not even remotely pertain to the Illinois Earthquake Awareness Program or grant funding under any conceivable circumstance. D. H.B. 2789 – In-Person Instruction at Schools 36. On February 19, 2021, Rep. Michelle Mussman introduced H.B. 2789 – In-Person Instruction at Schools.25 The sole purpose of H.B. 2789 is to usurp the authority the ISC26 vests in local school boards to establish metrics to use during a public health emergency in determining if the district or institution may safely conduct in-person instruction and reassign such authority to the Illinois Department of Public Health (“IDPH”) while designating the ISBE as the enforcement agency for such would-be proposed metrics. 37. H.B. 2789 is per se evidence that the Illinois General Assembly is not only aware that the power to promulgate metrics to be used during a public health emergency is vested in local school boards, but that, at the time the Illinois General Assembly passed the IMEAA, the 22 See 20 ILCS 3305/5(f)(9) (emphasis added). 23 Id. at 3305/5(g) (emphasis added). 24 Executive Order 2021-18. 25 See Exhibit 5. 26 See 105 ILCS 5/10-20.5 et seq. 8 legislature expressly declined to vest in the executive the authority to establish metrics for schools to use during a public health emergency. 38. As of August 18, 2021, H.B. 2789 is pending in the Illinois Senate Committee on Assignments (“SCOA”). 39. Aware that the School Provision set forth in E.O. 85 falls outside the scope of matters the IMEAA authorizes Gov. Pritzker to exercise executive power, ISBE Director Dr. Carmen I. Ayala, sent a threatening letter27 to all Illinois superintendents stating “noncompliance [with the unconstitutional School Provision of E.O. 85] is not an option.”28 40. Specifically, Director Ayala threatened to “use the ISBE’s regulatory authority, pursuant to 23 Ill. Admin. Code 1.20 . . .”29 to revoke State recognition of any school district that refuses to violate the Illinois Constitution and the ISC. 41. Working in tandem, Gov. Pritzker and Director Ayala are aware the School Provision contained in E.O. 85 is unconstitutional as it exceeds the scope of executive authority vested in the governor of the state under the IMEAA. Nevertheless, Director Ayala is steadfast in dutifully fulfilling her role as Gov. Pritzker’s skivvy, even going so far as to threaten the academic futures of thousands of Illinois students as collateral by threatening to revoke State recognition for any school district that refuses violate the law in satisfaction of Gov. Pritzker’s insatiable appetite for power. COUNT I DECLARATORY RELIEF 42. Plaintiff incorporates all preceding paragraphs by reference as if fully set forth herein. 27 See, Exhibit 6. 28 Id. at 1. 29 Id. at 2. 9 43. Seemingly preferential to the title Comrade of Illinois, Gov. Pritzker continues to weaponize the IMEAA in his latest attempt to expand the scope of unilateral control he has exercised over the State of Illinois for an unprecedented (18) consecutive months–although this time, his authoritarian expansion is halted by well-established law and the separation-of-powers doctrine. 44. While Courts in this State have grappled with the constitutionality of Gov. Pritzker’s repeated extensions of an alleged “disaster” under the IMEAA, the question as to whether public and nonpublic schools fall within the scope of what Gov. Prizker can regulate by executive fiat has yet to be addressed. 45. Under the IMEAA, the governor of the state may declare a “disaster” which inter alia is defined as a “public health emergency.” 46. Upon the governor of the state’s disaster proclamation, the IMEAA is triggered an IMEA is created. 47. The IMEAA vests in the governor a great number of powers; however, unless expressly stated, IMEAA does not preempt state statutes, including the Illinois School Code. 48. Under Art. II § 1 of Illinois Constitution, the executive branch is prohibited from exercising powers vested in the legislative branch. 49. The Illinois Constitution vests in the legislative branch the power to provide for an efficient system of high quality public educational institutions and services. 50. In exercising the aforesaid power, the Illinois General Assembly enacted the Illinois School Code as a means to develop a system of high quality educational institutions and services. In doing so, the Illinois School Code inter alia creates local school boards and vests in them the 10 authority to “adopt and enforce all necessary means for the management and government of the public schools of the district.” 51. At no time has the legislature enacted any statute vesting in the executive the power to “adopt and enforce all necessary means for the management and government of the public schools of the district.” This is evidenced by H.B. 2789, which is a bill attempting to usurp the power vested in the legislative branch and thereafter delegated to the local school boards created under the ISC. 52. While if passed, H.B. 2789 would constitutionally vest in the executive the authority to “adopt and enforce all necessary means for the management and government of the public schools of the district”, H.B. 2789 has not been enacted nor has any other law vested such powers within the executive as of the date this action is filed. 53. Despite not having any lawful authority vested in him as governor of the state, Gov. Pritzker nevertheless promulgated E.O. 85 which inter alia states that “[a]ll public and nonpublic schools in Illinois serving pre-kindergarten through 12th grade students must follow the joint guidance issued by ISBE and IDPH and take proactive measures . . . [such as] requiring the indoor use of face coverings by students, staff, and visitors. . .”. 54. Gov. Pritzker does not have the lawful authority to compel school districts to comply with the School Provision by executive fiat, even if a public health emergency is declared. 55. In issuing E.O. 85, Gov. Pritzker cites five (5) provisions of the IEMAA and the Illinois Constitution as the legal bases vesting in him the power to compel school districts to comply with the School Provision. 11 56. Even the most strained eyes cannot identify a viable nexus between the lawful authority to mandate the School Provision and any of the five (5) IMEAA provisions cited or the Illinois Constitution. 57. As to the five (5) IMEAA, provisions cited: (a) Section 7(1) pertains to suspending regulatory statutes setting forth procedures for conducting state business or rules and regulations of state agencies; (b) Section 7(2) authorizes use of “all available resources” as reasonably necessary to cope with a disaster; (c) Section 7(3) authorizes transferring the direction, personnel, or functions of State departments to facilitate or perform disaster response programs; (d) Section 7(8) pertains to ingress and egress from a disaster area and the movement of persons within the disaster area; (e) Section 7(12) authorizes the control, restriction, or regulation, allocation, or other means concerning quotas, shipment prohibitions, price fixing, or the use and sale of material commodities during a disaster; and (f) Section 7(19) does not authorize anything because it does not exist. 58. Accordingly, IMEAA does not vest in Gov. Pritzker any authority to mandate the School Provision. 59. In direct conflict with Gov. Pritzker’s assertion, the Illinois Constitution does not vest in the executive the authority to “provide for an efficient system of high quality public educational institutions and services” but rather, expressly vests this power in the legislative the branch. 60. The legislative branch exercised its power to “provide for an efficient system of high quality public educational institutions and services” by enacting the Illinois School Code. 61. The Illinois School Code creates local school boards. 12 62. The legislature vested in the local school boards created by the Illinois School Board the authority to “adopt and enforce all necessary rules for the management and government of the public schools of their district.” 63. Any exercise of executive authority over the necessary rules for the management and government of the public schools” in this state flies directly in the face to the separation-of- powers doctrine and is per se unconstitutional. 64. An actual controversy exists between the parties as to Gov. Pritzker’s attempt to vitiate the authority vested in local school districts by the Illinois General Assembly and compel public schools to comply with ISBE and IDPH guidance during a public health emergency. 65. An actual controversy exists between the parties as to Gov. Pritzker’s attempt to vitiate the authority vested in local school districts by the Illinois General Assembly and compel nonpublic schools to comply with ISBE and IDPH guidance during a public health emergency. 66. An immediate and definitive determination is necessary to clarify the rights and interests of the Parties. PRAYER FOR RELIEF WHEREFORE, Plaintiff Robert Cruz respectfully requests that this Court: A. Declare that Gov. Pritzker does not have the authority to compel local school boards to follow the joint guidance by the Illinois Department of Health or the Illinois State Board of Education under a disaster declaration; B. Declare that Gov. Pritzker does not have the authority to compel local school boards to follow the joint guidance by the Illinois Department of Health or the Illinois State Board of Education during times of a public health emergency; 13 C. Declare that the ISBE does not have authority to revoke, suspend, or otherwise penalize school districts of this state for failure to comply with E.O. 85; D. Declare that the ISBE does not have the authority to revoke State recognition of the school districts of this state for failure to adhere to E.O. 85; E. Declare that the ISBE does not have the authority to revoke State recognition of the school districts of this state for failure to adhere to the recommended guidelines of ISBE and IDPH during times of a disaster; F. Declare that the ISBE does not have the authority to revoke State recognition of the school districts of this state for failure to adhere to the recommended guidelines of ISBE and IDPH under a declaration of a public health emergency; G. Enjoin Gov. Pritzker, Director Ayala, and the IMEA from infringing upon the authority lawfully delegated to the local school boards under the Illinois School Code; H. Enjoin Gov. Pritzker, Director Ayala, and the IMEA from infringing upon the lawful authority of parents to make medically-related decisions over their own children; I. Awarding Mr. Cruz reasonable attorney’s fees and the costs incurred in this matter to the fullest extent permitted by law; and J. Grant such other and further relief as is just and proper. 14 Dated: August 19, 2021 Respectfully submitted, /S/ RICARDO “RICK” MUÑOZ Rick Muñoz [Cook County Bar No. 39053] THE LAW FIRM OF RICK MUÑOZ 6 West Case Street Joliet, Illinois 60432 Tel: (815) 727-5590 info@rickmounozlawfirm.com /S/ MICHAEL A. YODER Michael A. Yoder [VSB 93863]* THE LAW OFFICE OF MICHAEL A. YODER, PLLC 2300 Wilson Blvd., Suite 700 Arlington, VA 22201 Tel: (571) 324-5594 michael@yoderesq.com *Pro Hac Vice forthcoming Attorneys for Plaintiff Robert Cruz 15 VERIFICATION Under penalties of perjury as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct except as to matters therein stated to be on information and belief, if any, and as to such matters the undersigned ce1tifies as aforesaid hat the undersigned verily believes the same to be true. Dated: August 19, 2021 /S/ ROBERT CRUZ Robert Cruz 16 EXHIBIT 1 IDPH STATISTICS: Total COVID-19 cases as of 8/18/21 8/18/2021 COVID-19 Statistics | IDPH (/) (https://coronavirus.illinois.gov/s/vaccination-location) (https://coronavirus.illinois.gov/s/vaccination-location)Anyone 12 years of age and older is eligible for the COVID-19 vaccine. Find your nearest vaccination location here or call (833) 621-1284 to schedule an appointment near you. (https://coronavirus.illinois.gov/s/vaccination-location) COVID-19 Statistics Total Cases 1,474,285 Positivity 7-Day Rolling Average Case Positivity 5.3% Test Positivity 6.1% Total Tests Performed* 27,906,468 Deaths 23,685 Probable Deaths 2,497 *Total molecular and antigen tests performed and reported electronically for testing of COVID-19 at IDPH, commercial or hospital laboratories. All numbers displayed are provisional and will change. Information regarding the number of persons under investigation updated on 8/18/2021. By County By Zip Select Zip: Illinois https://www.dph.illinois.gov/covid19/covid19-statistics 1/6 8/18/2021 COVID-19 Statistics | IDPH 70k 60k 50k 40k 30k 20k 10k 0 Aug 5 Aug 7 Aug 9 Aug 11 Aug 13 Aug 15 Aug 17 2021 15d 30d 90d All Time On January 22, 2021, IDPH began including in the total case count all probable deaths reported since the beginning of the pandemic. Due to this change, all probable deaths, 1,903, have been added to the one-day, January 22, 2021, total of new cases. Beginning November 6, 2020 and going forward, IDPH will report confirmed cases and probable cases combined. Due to this change, all probable cases previously reported separately, 7,673, have been added to the one-day, November 6, 2020 total of new cases Due to a technical issue, data being processed from the electronic laboratory reporting system was temporarily offline on July 20, 2021, but resumed on July 21, 2021. Therefore, cases reported on July 21, 2021 may include those that were backlogged from July 20, 2021. Protecting health, improving lives. © 2021 Illinois Department of Public Health. Privacy (/content/privacy-policy) Drupal SEO (http://www.volacci.com/contact? utm_source=seo_checklist&utm_medium=footer&utm_campaign=volacci_seo) https://www.dph.illinois.gov/covid19/covid19-statistics 6/6 EXHIBIT 2 IDPH STATISTICS: >20 age COVID-19 cases as of 8/18/21 EXHIBIT 3 IDPH STATISTICS: >20 age COVID-19 deaths as of 8/18/21 EXHIBIT 4 CDC STATISTICS: COVID-19 Cases & Deaths Reported 8/18/2021 Estimated COVID-19 Burden | CDC COVID-19 Estimated COVID-19 Burden Updated July 27, 2021 Print • Estimated COVID-19 Infections, Symptomatic Illnesses, Hospitalizations, and Deaths in the United States • What Can Be Learned from Estimates of COVID-19 Infections, Illnesses, Hospitalizations, and Deaths in the United States • Why CDC Estimates COVID-19 Infections, Illnesses, Hospitalizations, and Deaths • How CDC Estimates COVID-19 Infections, Symptomatic Illnesses, and Hospitalizations • How CDC Estimates COVID-19 Deaths • Limitations To better reflect the full burden of COVID-19, CDC provides estimates of COVID-19 infections, symptomatic illnesses, hospitalizations, and deaths using statistical models to adjust for cases that national surveillance networks do not capture for a number of reasons. These estimates and the methodologies used to calculate them are published in Clinical Infectious Diseases  and The Lancet Regional Health – Americas  . These estimates will be updated periodically. Estimated COVID-19 Infections, Symptomatic Illnesses, Hospitalizations, and Deaths in the United States CDC estimates that from February 2020–May 2021: 1 in 4.2 (95% UI* 3.6 – 4.9) COVID–19 infections were reported. 1 in 3.8 (95% UI* 3.4 – 4.3) COVID–19 symptomatic illnesses were reported. 1 in 1.8 (95% UI* 1.6 – 2.0) COVID–19 hospitalizations were reported. 1 in 1.3 (95% UI* 1.30 – 1.34) COVID-19 deaths were reported. These estimates suggest that during this period, there were approximately: 120.2 Million 101.8 Million 6.2 Million 767,000 Estimated Total Estimated Symptomatic Estimated Estimated Total Deaths Infections Illnesses Hospitalizations Last Updated: May 29, 2021 Table 1: Preliminary estimated COVID-19 cumulative incidence, by age group — https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/burden.html 1/5 8/18/2021 Estimated COVID-19 Burden | CDC United States, February 2020-May 2021† Infections Symptomatic Illness Hospitalizations Deaths Age 95% group Estimate 95% UI* Estimate 95% UI* Estimate 95% UI* Estimate UI* 0-17 26,838,244 21,966,492 – 22,895,857 19,681,278 – 209,264 169,035 – 332 310- years 33,109,862 27,181,718 256,472 449 18-49 60,461,355 50,372,115 – 51,581,445 45,181,664 – 1,533,679 1,313,618 34,171 31,355 years 73,172,038 59,344,624 – – 1,796,098 37,360 50-64 20,375,641 17,043,764 – 17,377,602 15,329,878 – 1,604,612 1,411,704 116,284 112,590 years 24,561,779 19,854,568 – – 1,831,326 120,005 65+ 12,298,890 9,934,247 – 10,005,696 8,872,135 – 2,808,089 2,474,510 615,824 607,666 years 15,460,317 11,338,584 – – 3,218,931 623,771 All 120,259,370 103,321,791 – 101,886,269 90,959,297 – 6,156,065 5,502,505 766,611 754,944 ages 140,873,869 115,248,191 – – 6,954,083 778,170 * Adjusted estimates are presented in two parts: an uncertainty interval [UI] and a point estimate. The uncertainty interval provides a range in which the true number or rate of COVID-19 infections, symptomatic illnesses, hospitalizations, or deaths would be expected to fall if the same study was repeated many times, and it gives an idea of the precision of the point estimate. A 95% uncertainty interval means that if the study were repeated 100 times, then 95 out of 100 times the uncertainty interval would contain the true point estimate. Conversely, in only 5 times out of a 100 would the uncertainty interval not contain the true point estimate. † These are preliminary estimates that may fluctuate up or down as more data become available and as we improve our understanding of the detection and reporting of COVID-19. CDC will continue to update these estimates periodically. Table 2: Estimated rates of COVID-19 disease outcomes per 100,000, by age group — United States, February 2020-May 2021 Infection rate per Symptomatic Illness rate per Hospitalization rate per Death rate per 100,000 100,000 100,000 100,000 Age 95% group Estimate 95% UI* Estimate 95% UI* Estimate 95% UI* Estimate UI* 0-17 36,746 30,075 – 31,348 26,947 – 37,216 287 231 – 351 0.5 0.4-0.6 years 45,332 18-49 44,116 36,754 – 37,637 32,967 – 43,301 1,119 958 – 1,311 25 23-27 years 53,391 50-64 32,391 27,094 – 27,625 24,369 – 31,562 2,551 2,244 – 2,911 85 179- years 39,045 191 65+ 22,751 18,377 – 18,509 16,412 – 20,975 5,195 4,577 – 5,955 1139 1124- years 28,599 1154 https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/burden.html 2/5 8/18/2021 Estimated COVID-19 Burden | CDC Infection rate per Symptomatic Illness rate per Hospitalization rate per Death rate per 100,000 100,000 100,000 100,000 Age 95% group Estimate 95% UI* Estimate 95% UI* Estimate 95% UI* Estimate UI* All ages 36,771 31,592 – 31,153 27,812 – 35,238 1,882 1,682 – 2,126 234 230- 43,074 327 * Adjusted rates are presented in two parts: an uncertainty interval [UI] and a point estimate. The uncertainty interval provides a range in which the true number or rate of COVID-19 infections, symptomatic illnesses, hospitalizations, or deaths would be expected to fall if the same study was repeated many times, and it gives an idea of the precision of the point estimate. A 95% uncertainty interval means that if the study were repeated 100 times, then 95 out of 100 times the uncertainty interval would contain the true point estimate. Conversely, in only 5 times out of a 100 would the uncertainty interval not contain the true point estimate. Percentage of COVID-19 infections, symptomatic illness, and hospitalizations, and deaths, by age group—United States, February 2020-May 2021 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Infections Symptomatic Illnesses Hospitalizations Deaths 0-17 years 18-49 years 50-64 years 65 and older Reset Data Table Infections Symptomatic Illnesses Hospitalizations Deaths 0-17 years 22% 22% 3% 4% 18-49 years 50% 51% 25% 5% 50-64 years 17% 17% 26% 15% 65 and older 10% 10% 46% 80% Download Table Data (csv) What Can Be Learned fromEstimates of COVID-19 Infections, Illnesses, Hospitalizations, and  Deaths in the United States Estimating unreported cases, hospitalizations, and deaths helps to quantify the impact and severity of the COVID-19 pandemic on the healthcare system and society. Additionally, these estimates can inform how to direct and allocate healthcare resources; assist in planning for prevention and control measures, including vaccination; predict the future burden of COVID 19; and evaluate the potential impact of interventions https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/burden.html 3/5 8/18/2021 Estimated COVID-19 Burden | CDC burden of COVID-19; and evaluate the potential impact of interventions. Why CDC Estimates COVID-19 Infections, Illnesses, Hospitalizations, and Deaths  The cumulative burden of COVID-19 is an estimate of the number of people who may have been infected, sick, hospitalized, or died as a result of a COVID-19 infection in the United States. Confirmed COVID-19 cases and deaths are nationally reported, but these cases and deaths likely represent only a fraction of the true number that have occurred in the population. COVID-19 infections, symptomatic illnesses, hospitalizations, and deaths might be underdetected and go unreported for a variety of reasons. For example: • Some people infected with SARS-CoV-2 never show symptoms (asymptomatic infection), so their infection will likely go undetected. • Case reports sent to CDC are often missing patient information, like age or hospitalization status, or are delayed. • Not everyone who is sick will seek medical care and/or be tested; and patients may not be tested for COVID-19 while hospitalized or if they die. • Even if a sick outpatient or hospitalized patient is tested, an infection with COVID-19 may not be accurately captured if, for example: - the test was not completed correctly or within the appropriate timeframe for capturing infection; - the test result was falsely negative for a COVID-19 infection due to the sensitivity of the test; - the test result was falsely negative for a COVID-19 infection due to the quality or quantity of the specimen collected; or - the confirmed COVID-19 case was never reported to the local and state public health agency and then to CDC. • For patients with COVID-19, death can occur several days or weeks after being tested and reported, and the death might be incorrectly attributed to a cause other than COVID-19 because of the time between testing positive and death. • COVID-19 may result in non-respiratory complications or it might increase the severity of chronic conditions, which can lead to death (e.g., sepsis, circulatory diseases, respiratory diseases, diabetes, or renal failure), and COVID-19 might be incorrectly omitted as a contributing cause of death on the death certificate. Because current surveillance systems do not capture all cases or deaths of COVID-19 occurring in the United States, CDC provides these estimates to better reflect the larger burden of COVID-19. CDC uses these types of estimates to inform policy decisions and public messages. How CDC Estimates COVID-19 Infections, Symptomatic Illnesses and Hospitalizations  To estimate COVID-19 infections, symptomatic illnesses, and hospitalizations, CDC uses a statistical model applied to confirmed cases of COVID-19, adjusted for missing age and hospitalization status. Several data sources and surveillance systems are used to identify and characterize potential sources of underdetection, which include: • SARS-CoV-2 test sensitivity is lower. People tested for SARS-CoV-2, the virus that causes COVID-19 disease, may not test positive even if infected with the virus due to the lower sensitivity of the test used. SARS-CoV-2 test sensitivity has been reported in the literature; a range of 79%-98% sensitivity for RT-PCR tests is used to account for false negative test results. • SARS-CoV-2 test is not ordered or not completed in a timely manner. Not all outpatients who seek care for acute respiratory illness (ARI) or inpatients hospitalized with ARI are tested for COVID-19, and not all ordered tests are correctly completed in a timely manner. CDC uses two data sources to approximate how many outpatients with ARI are not tested for COVID-19: - IBM Watson Explorys Electronic Health Record database, a data repository of electronic health records from more than 39 health partners, 400 acute care facilities, and 400,000 unique providers; and - COVID Near You  (CNY), a website application launched by Harvard University in March 2020 where participants can submit information on self-reported symptoms, efforts to obtain health care, and COVID- 19 testing https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/burden.html 4/5 8/18/2021 Estimated COVID-19 Burden | CDC 19 testing. • Not all patients with symptoms seek care or testing services. Not all sick patients seek care or are tested for COVID-19, and therefore they are not included in national case reports. To approximate the number of symptomatic people who never sought medical care, researchers use data from COVID Near You  (CNY) and Flu Near You  (FNY) sites on health care seeking behaviors. While COVID Near You launched in March 2020, FNY has been collecting self-reported influenza participatory data since 2011. • Patients do not have symptoms. Some people infected with SARS-CoV-2 never show symptoms (they have asymptomatic infection). People with asymptomatic infection are very likely to go undetected. The percentage of asymptomatic infections is reported in the literature and varies by age group. In people 0-64 years old, a range of 5%-24% is used to estimate asymptomatic infections, and for people 65 years and older, a range of 5%-32% is used. The statistical model used to adjust hospitalized and non-hospitalized case counts for the above sources of underdetection is based on methods that have been previously used to estimate the disease burden of influenza, detailed elsewhere. These methods are peer-reviewed and published in Clinical Infectious Diseases. How CDC Estimates COVID-19 Deaths  COVID-19 deaths are estimated using a statistical model to calculate the number of COVID-19 deaths that were unrecognized and those that were not recorded on death certificates and, as a result, were never reported as a death related to COVID-19. To estimate these unrecognized COVID-19 deaths, all-cause deaths are obtained from the National Center of Health Statistics. Before applying the statistical model, reported COVID-19 deaths are subtracted by age, state, and week from all-cause deaths, so that these reported COVID-19 deaths are not included in the calculation of the expected deaths for the statistical model. Then, to understand how many deaths may have not been recognized as being related to COVID-19, CDC uses a statistical model to estimate the number of expected deaths from all causes assuming that there was no circulation of COVID-19 (that is, those deaths expected in the absence of any COVID-19 illnesses). Researchers then use the model to predict the number of all-cause deaths that would have occurred taking into account information on COVID-19 circulation,. To obtain the number of unrecognized COVID-19 deaths, the number of expected all-cause deaths (without COVID-19 circulation) are subtracted from the number of predicted all-cause deaths (with COVID-19 circulation). The model is used to calculate estimates by state and age (for six age groups: 0-17, 18-49, 50-64, 65-74, 75- 84, and ≥85 years). Once investigators estimate unrecognized COVID-19 deaths, they add documented COVID-19 deaths to the unrecognized deaths to obtain an estimate of the total number of COVID-19-attributable deaths. These methods are peer-reviewed and published in The Lancet Regional Health – Americas  . Limitations  These estimates of COVID-19 infections, symptomatic illnesses, hospitalizations and deaths are subject to several limitations, either from the data inputs used or some statistical assumptions made in the methods. A detailed discussion of these limitations can be found in Clinical Infectious Diseases  and The Lancet Regional Health – Americas  . CDC continues to explore data sources and statistical methodologies for estimating COVID-19 disease burden and will refine estimates over time. Last Updated July 27, 2021 https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/burden.html 5/5 EXHIBIT 5 ILL. H.B. 2789: In-Person Instruction at Schools 8/18/2021 Illinois General Assembly - Bill Status for HB2789 Bill Status of HB2789 102nd General Assembly Short Description: SCHOOL-PUBLIC HEALTH EMERGENCY House Sponsors Rep. Michelle Mussman Senate Sponsors (Sen. Christopher Belt - Mattie Hunter) Last Action Date Chamber Action 6/15/2021 Senate Rule 3-9(a) / Re-referred to Assignments Statutes Amended In Order of Appearance 20 ILCS 2310/2310-705 new 105 ILCS 5/24-6 105 ILCS 5/34-18.67 new 110 ILCS 205/9.40 new Synopsis As Introduced Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. If the Governor has declared a disaster due to a public health emergency, requires the Department of Public Health to establish metrics for school districts and public institutions of higher education to use during the public health emergency in determining if the district or institution may safely conduct in-person instruction or if the district or institution must implement remote learning or blended remote learning to keep students and staff safe. Provides that the metrics shall be enforced by the Department, in cooperation with the State Board of Education and the Board of Higher Education. Requires the Department, the State Board of Education, and the Board of Higher Education to follow all guidelines of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as it pertains to schools and institutions of higher education during the public health emergency. Provides that the Department shall be responsible for providing rapid COVID-19 testing in public schools and public institutions of higher education. Amends the School Code and the Board of Higher Education Act. Requires school districts and public institutions of higher education to grant paid sick leave to their employees if they contract the illness for which the public health emergency was declared. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 110 ILCS 205/9.40 new Adds reference to: 105 ILCS 5/10-20.75 new 105 ILCS 5/34-18.68 new 110 ILCS 205/9.41 new Replaces everything after the enacting clause. Reinserts the contents of the introduced bill with the following changes. Provides that Department of Public Health shall establish metrics and develop recommended guidelines (rather than establish metrics) for school districts and public institutions of higher education to use during the public health emergency. Removes the enforcement provisions and other provisions concerning the State Board of Education and the Board of Higher Education. Provides that the rapid COVID-19 testing shall be paid for from federal relief funds. Provides that an employee shall receive paid sick leave only if the employee (i) has used the full amount of paid sick leave already allotted to the employee and (ii) the employee provides medical documentation that the employee has contracted the illness for which the disaster was declared. Further amends the School Code. Provides that during the public health emergency, a school board and the exclusive bargaining representative of the district's teachers, if any, shall negotiate the procedures and protocols that shall be implemented to safely conduct in-person instruction. Provides that the procedures and protocols agreed to by the board and the exclusive bargaining representative shall become part of the district's plan to reopen schools safely and the State Board of Education and the Department of Public Health shall enforce the terms of the plan. Provides that if the school board and the exclusive bargaining representative cannot agree on the procedures and protocols that shall be implemented to safely conduct in-person instruction, the school board shall follow the recommended https://www.ilga.gov/legislation/BillStatus_pf.asp?DocNum=2789&DocTypeID=HB&LegID=&GAID=16&SessionID=110&GA=102 1/3 8/18/2021 Illinois General Assembly - Bill Status for HB2789 guidelines developed by the Department of Public Health. Makes other changes. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/10-20.75 new 105 ILCS 5/24-6 105 ILCS 5/34-18.67 new 105 ILCS 5/34-18.68 new 110 ILCS 205/9.41 new Adds reference to: 105 ILCS 5/22-92 new Replaces everything after the enacting clause. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department shall establish requirements by rule for providing in- person instruction at nonpublic schools and public schools that include, but are not limited to, personal protective equipment, cleaning and hygiene, social distancing, occupancy limits, symptom screening, onsite isolation protocols, and shall provide those requirements to nonpublic schools and public schools with the assistance of the Illinois State Board of Education. Provides that upon receipt of a complaint that a school cannot or is not complying with the Department's rules, the Department or local public health department shall investigate the complaint. Provides that if upon investigation, a school is found to be in violation of the rules, the Department has the authority to take the appropriate action necessary to promote the health or protect the safety of students, staff, and the public, including, but not limited to, closure of a classroom, gym, library, lunch room, or any other school space until such time that the Department determines that the violation or violations have been remedied. Makes other changes. Amends the School Code. Provides that in order to provide in-person instruction, nonpublic schools and public schools must follow the requirements for providing in-person instruction adopted by the Department by rule. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 20 ILCS 2310/2310-705 new 105 ILCS 5/22-92 new Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 105 ILCS 5/2-3.25 from Ch. 122, par. 2-3.25 105 ILCS 5/2-3.25o 105 ILCS 5/10-20 from Ch. 122, par. 10-20 105 ILCS 5/10-30 105 ILCS 5/21B-5 105 ILCS 5/34-18.66 Replaces everything after the enacting clause. Amends the School Code. In provisions concerning standards for schools, provides that the State Board of Education may issue, refuse to issue, or revoke recognition (rather than may issue, refuse to issue, or revoke certificates of recognition) for schools. Provides that the State Board of Education may revoke recognition for schools that fail to comply with public health requirements issued by the Illinois Department of Public Health when a public health emergency is declared by the Governor. Amends provisions concerning the registration and recognition of nonpublic schools by requiring a nonpublic school to comply with public health requirements issued by the Illinois Department of Public Health during a public health emergency. Prohibits a school board from passing any resolution that is in contravention of any requirement established by the Illinois Department of Public Health during a public health emergency. Makes similar changes to provisions concerning the licensure powers of the State Board of Education. In provisions concerning the Chicago school district, public schools, and nonpublic schools, requires a school to comply with all public health requirements issued by the Illinois Department of Public Health during a declared public health emergency. Requires schools to investigate complaints of noncompliance with the public health requirements; sets forth complaint procedures. Provides that the State Superintendent of Education may require a school to operate fully remotely if the public health requirements are not followed. Sets forth penalty provisions. Provides for rulemaking by the State Board of Education. Makes a corresponding change in the Illinois Administrative Procedure Act. Actions Date Chamber Action https://www.ilga.gov/legislation/BillStatus_pf.asp?DocNum=2789&DocTypeID=HB&LegID=&GAID=16&SessionID=110&GA=102 2/3 8/18/2021 Illinois General Assembly - Bill Status for HB2789 2/18/2021 House Filed with the Clerk by Rep. Michelle Mussman 2/19/2021 House First Reading 2/19/2021 House Referred to Rules Committee 3/9/2021 House Assigned to Elementary & Secondary Education: School Curriculum & Policies Committee 3/22/2021 House House Committee Amendment No. 1 Filed with Clerk by Rep. Michelle Mussman 3/22/2021 House House Committee Amendment No. 1 Referred to Rules Committee 3/23/2021 House House Committee Amendment No. 1 Rules Refers to Elementary & Secondary Education: School Curriculum & Policies Committee 3/24/2021 House House Committee Amendment No. 1 Adopted in Elementary & Secondary Education: School Curriculum & Policies Committee; by Voice Vote 3/24/2021 House Do Pass as Amended / Short Debate Elementary & Secondary Education: School Curriculum & Policies Committee; 015-007-000 4/8/2021 House Placed on Calendar 2nd Reading - Short Debate 4/20/2021 House House Floor Amendment No. 2 Filed with Clerk by Rep. Michelle Mussman 4/20/2021 House House Floor Amendment No. 2 Referred to Rules Committee 4/21/2021 House House Floor Amendment No. 2 Rules Refers to Elementary & Secondary Education: School Curriculum & Policies Committee 4/21/2021 House Second Reading - Short Debate 4/21/2021 House Held on Calendar Order of Second Reading - Short Debate 4/21/2021 House House Floor Amendment No. 2 Recommends Be Adopted Elementary & Secondary Education: School Curriculum & Policies Committee; 014-009- 000 4/22/2021 House House Floor Amendment No. 2 Adopted 4/22/2021 House Placed on Calendar Order of 3rd Reading - Short Debate 4/22/2021 House Third Reading - Short Debate - Passed 070-042-000 4/23/2021 Senate Arrive in Senate 4/23/2021 Senate Placed on Calendar Order of First Reading 4/23/2021 Senate Chief Senate Sponsor Sen. Christopher Belt 4/23/2021 Senate First Reading 4/23/2021 Senate Referred to Assignments 5/18/2021 Senate Assigned to Executive 5/20/2021 Senate Senate Committee Amendment No. 1 Filed with Secretary by Sen. Christopher Belt 5/20/2021 Senate Senate Committee Amendment No. 1 Referred to Assignments 5/21/2021 Senate Rule 2-10 Committee Deadline Established As May 29, 2021 5/24/2021 Senate Senate Committee Amendment No. 1 Assignments Refers to Executive 5/27/2021 Senate Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter 5/27/2021 Senate Senate Committee Amendment No. 1 Adopted 5/27/2021 Senate Do Pass as Amended Executive; 010-006-001 5/27/2021 Senate Placed on Calendar Order of 2nd Reading 5/27/2021 Senate Second Reading 5/27/2021 Senate Placed on Calendar Order of 3rd Reading May 28, 2021 5/31/2021 Senate Rule 2-10 Third Reading Deadline Established As June 15, 2021 6/15/2021 Senate Rule 3-9(a) / Re-referred to Assignments https://www.ilga.gov/legislation/BillStatus_pf.asp?DocNum=2789&DocTypeID=HB&LegID=&GAID=16&SessionID=110&GA=102 3/3 HB2789 Engrossed LRB102 10539 CMG 15868 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Public Health Powers and 5 Duties Law of the Civil Administrative Code of Illinois is 6 amended by adding Section 2310-705 as follows: 7 (20 ILCS 2310/2310-705 new) 8 Sec. 2310-705. In-person instruction at schools. The 9 Department shall establish requirements by rule for providing 10 in-person instruction at nonpublic schools and public schools 11 that include, but are not limited to, personal protective 12 equipment, cleaning and hygiene, social distancing, occupancy 13 limits, symptom screening, and on-site isolation protocols and 14 shall disseminate information about those requirements to 15 nonpublic schools and public schools with the assistance of 16 the Illinois State Board of Education. The authority to 17 enforce the rules adopted pursuant to this Section lies with 18 the Department and local departments of public health. Upon 19 receipt of a complaint that a school cannot or is not complying 20 with the Department's rules under this Section, the Department 21 or local public health department shall investigate the 22 complaint within 45 days after receiving the complaint. If 23 upon investigation, a school is found to be in violation of the HB2789 Engrossed - 2 - LRB102 10539 CMG 15868 b 1 rules adopted under this Section, the Department has the 2 authority to take the appropriate action necessary to promote 3 the health or protect the safety of students, staff, and the 4 public, including, but not limited to, closure of a classroom, 5 gym, library, lunch room, or any other school space until such 6 time that the Department determines that the violation or 7 violations have been remedied. Nothing in this Section limits 8 the authority or requirements of the Department or local 9 public health departments. All complaints and related 10 documents shall be maintained and are subject to applicable 11 disclosure requirements under the Freedom of Information Act. 12 Section 10. The School Code is amended by adding Section 13 22-92 as follows: 14 (105 ILCS 5/22-92 new) 15 Sec. 22-92. In-person instruction. In order to provide 16 in-person instruction, nonpublic schools and public schools 17 must follow the requirements adopted by rule by the Department 18 of Public Health under Section 2310-705 of the Department of 19 Public Health Powers and Duties Law of the Civil 20 Administrative Code. 21 Section 99. Effective date. This Act takes effect upon 22 becoming law. EXHIBIT 6 DR. AYALA LETTER: Letter to Illinois Superintendents, 8/11/21 August 11, 2021 Dear Superintendents: I know many of you are in a difficult position. The pandemic has required us to navigate changing circumstances and guidance. I deeply appreciate your leadership and the courage and integrity you have shown in tremendously challenging times. Many of you have requested clarity on the action ISBE will take to enforce the universal indoor masking requirement, and this communication seeks to provide that clarity. As you know, Executive Order 2021-18, which went into effect last Wednesday, requires that all students, staff, and visitors wear masks indoors in all P-12 schools in Illinois. Governor Pritzker took this action after the Centers for Disease Control and Prevention and the American Academy of Pediatrics recommended it. The purpose of the universal indoor masking requirement is to ensure all students can safely attend school in-person this fall. We know that consistent and correct mask use is the simplest, most effective way to keep students safely in school, where they can learn and grow to their fullest potential. Masks work best when everyone wears one. Research conducted by the CDC found that schools are safe when they have prevention strategies in place, as documented in the updated guidance from ISBE and IDPH. The Delta variant is causing a surge in cases and hospitalizations, and masking is a critical strategy to protect students’ access to in-person learning and to keep students, staff, and the community around them safe. We don’t throw our umbrella away in a rainstorm because we’re not getting wet. We have to keep our umbrella up until the storm passes. The executive order has the force of law. I understand the pressure some school and district leaders may be facing from community members, and I will provide you with every support to understand, communicate, and comply with the order. However, noncompliance is not an option. I will not compromise the health and safety of students or staff, nor will I risk even one child’s life. Local boards of education, schools, and school districts do not have the authority to deny the Governor’s Executive Order requiring universal indoor masking in schools. Doing so not only 1 puts students’ health and safety at risk but also opens the district to extraordinary legal liability – potentially without any insurance to cover damages. I strongly recommend that each district consult with its legal counsel and insurer to fully understand the repercussions. Further, the Illinois State Board of Education has and will use its regulatory authority, pursuant to 23 Ill Admin. Code 1.20, to ensure school districts protect students and staff; if school districts fail to do so, this risks State recognition. A district would have multiple opportunities to remedy the deficiencies that present a health hazard or a danger to students or staff before becoming unrecognized. A district would first have its recognition status changed to “On Probation” and would be asked to submit a corrective action plan. Failure to address the deficiencies would lead to nonrecognition, meaning total loss of access to state funding and loss of the school’s ability to engage in any Illinois High School Association and Illinois Elementary School Association athletic competitions. These are not steps anyone at ISBE wishes to take nor should these steps be necessary. School districts have the moral and legal obligation to follow public health requirements and guidance to keep their students and staff safe. Wearing a mask is simple, safe, and easy. I know it can be uncomfortable sometimes, but so are football helmets and seatbelts. Sometimes we have to bear a little discomfort for the sake of safety and because it’s the law. We have so many important issues to face as we start the school year, and we want to start the year off with positivity for all our students. I ask that you respect that there is a mask requirement, communicate this to your school communities and celebrate the return to in-person learning. Thank you for your partnership and support. Sincerely, Dr. Carmen I. Ayala State Superintendent of Education Illinois State Board of Education 2