Madison County Board of Health urges parental choice on school masking in nonbinding resolution

The Madison County Board of Health on July 21 adopted a nonbinding resolution encouraging local school boards to allow families to decide whether students wear masks at school during the 2021–22 year.

The resolution, read by Chairman Pro Tem Michael Walters, says the Board of Health “recognizes that requiring children to wear masks can interfere with their education and ability to communicate with teachers and fellow students” and “strongly encourages” local boards to allow parental choice. The resolution states the county health board’s role is advisory and not legally binding on school districts.

The measure drew competing public comments. Leslie Koth, a mother of a child with autism, told the Board that masks hamper her daughter’s ability to read facial expressions and urged the Board not to “discriminate against those who choose not to vaccinate.” Erika Kohoutek, a Madison County parent, cited local metrics — a county vaccination rate she said was about 43% and a recent positivity rate above 8% — and said she supports universal masking for students and staff to reduce transmission and school disruptions. Natasha Box, speaking on special-education concerns, described speech and social-development setbacks for students who rely on mouth movements.

Attorney Thomas Devore urged adoption of the resolution and highlighted a separate legal issue he said parents should watch: he read ISBE guidance as requiring an "Order of Quarantine" before a student may be excluded for remote learning, which Devore said is a legal document that generally requires parental consent or a court order.

Board members debated both policy and authority. Opponents of the resolution, including members who said county government lacks legal authority over elected school boards, warned the advisory language could be misconstrued as direction. Supporters framed the measure as protecting parental choice and providing moral support to local superintendents that have already given parents options.

A motion to table the resolution failed on a 12–16 vote. The final roll call to adopt the nonbinding resolution was 18 ayes and 10 nays; the chairman declared it adopted. Members who publicly spoke in favor included Mick Madison and Bobby Ross; members who spoke against it included Bill Stoutenborough, Heather Mueller-Jones and Liz Dalton. Tom Haine, the county’s chief legal advisor, clarified that the resolution carries no legal mandate but provides advisory moral authority.

The Board of Health recessed this matter to its next session scheduled for Sept. 15, 2021, but the resolution as adopted will be part of the public record for school districts to consider when finalizing local masking policies.