You can agree or disagree with the idea of quarantining healthy individuals, but it doesn't make it legal. There is no process of "contact tracing" or anything similar that allows for the quarantining of a healthy individual except by that of court order. A phone call or note from the school is not a quarantine. A phone call from the health department is not a quarantine. The health department must actually get a court order to enforce a quarantine. If you have been around somebody sick, it may not be a bad idea to hang back for a few days. But this 14 days or a negative test stuff that schools are imposing, is not legal. Citizen "V" provided me with a couple of cool documents today.....
Schools that continue to try to deny public education by claiming this 14 day phone call quarantine thing should definitely be reading the following ACTUAL law below first:
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20 ILCS 2305/2 (c) Except as provided in this Section, no person or a group of persons may be ordered to be quarantined or isolated and no place may be ordered to be closed and made off limits to the public except with the consent of the person or owner of the place or upon the prior order of a court of competent jurisdiction.
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To obtain a court order, the Department, by clear and convincing evidence, must prove that the public's health and welfare are significantly endangered by a person or group of persons that has, that is suspected of having, that has been exposed to, or that is reasonably believed to have been exposed to a dangerously contagious or infectious disease including non-compliant tuberculosis patients or by a place where there is a significant amount of activity likely to spread a dangerously contagious or infectious disease. The Department must also prove that all other reasonable means of correcting the problem have been exhausted and no less restrictive alternative exists.
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Persons who are or are about to be ordered to be isolated or quarantined and owners of places that are or are about to be closed and made off limits to the public shall have the right to counsel. If a person or owner is indigent, the court shall appoint counsel for that person or owner. Persons who are ordered to be isolated or quarantined or who are owners of places that are ordered to be closed and made off limits to the public, shall be given a written notice of such order. The written notice shall additionally include the following: (1) notice of the right to counsel; (2) notice that if the person or owner is indigent, the court will appoint counsel for that person or owner; (3) notice of the reason for the order for isolation, quarantine, or closure; (4) notice of whether the order is an immediate order, and if so, the time frame for the Department to seek consent or to file a petition requesting a court order as set out in this subsection; and (5) notice of the anticipated duration of the isolation, quarantine, or closure.
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I'm EXTREMELY familiar with this particular statute, as it was the one that was referenced when defending our business from being closed without due process. What they have done to children for 18 months is no different, without due process. You have the right to a hearing and the right to plead your side of the case before being quarantined. Schools cannot skirt the law, whether you agree or disagree with the idea. I dont believe that last year parents were ready to hear this law, nor do I feel it was the right time. But here we are 18 months later with no end in sight. If you are curious how effective this idea is, ask your school what percentage of "quarantined" kids became sick. Why this idea continues is beyond me. And aside from not following the legal quarantine process, other legal issues schools are facing by doing this are:
*Section 232, Title 18, Deprivation of Rights under Color of Law. If schools are suggesting they have the authority to order a student to stay home, that is not within their authority, and are depriving the student due process. This is found in the criminal code.
*Article 10, Section 1 of IL State Constitution guarantees free public education to all children. Denying that would also be deprivation of rights.
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