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(The Center Square) – An Illinois circuit court judge says a school district can’t keep a student from attending school unless there’s a quarantine order issued.

The temporary restraining order against Carlyle Community Unit School District #1 issued by Clinton County Judge Don Sheafor Monday stems from a case challenging the district's decision to prevent a student from in-person education over claims the student was in contact with someone who may have tested positive.

Attorney Thomas DeVore brought the case in Clinton County on behalf of Ronald Peters, a parent.

Sheafor’s order says the district is “enjoined from excluding [the unidentified student] from the facilities for being an individual public health risk unless an order of quarantine issues against [the student] from the local health department as required by the Illinois State Board of Education.”

“The court was clear that due process was being violated by the school district as an order of quarantine issued by the health department was necessary to suspend the children's right to an in-person education,” DeVore said of the order. “The judge said we have a dictatorship if due process is not afforded to people.”

The district could not be reached for comment.

A hearing on a preliminary injunction is set for Sept. 27.

Staff Reporter

Greg Bishop reports on Illinois government and other issues for The Center Square. Bishop has years of award-winning broadcast experience and hosts the WMAY Morning Newsfeed out of Springfield.