D-205 Sets Aside State Guidance On Saliva Testing

ELMHURST, IL — The state told Patch last week that school districts have no legal authority to require saliva testing for in-person learning.

But Elmhurst School District 205 is setting aside that legal advice, saying it believes it has the power to mandate such screening.

On Friday, Elmhurst Patch obtained an email from Superintendent Dave Moyer to a parent earlier that day.

"We have consulted with our attorneys, and the (Illinois State Board of Education's) position is not legally binding," he told the parent. "Our attorneys have advised us that we have the legal authority to require testing for in-person attendance."

Asked about the email Monday morning, the district released a statement noting the state school board's statement to Patch last week. But it said the state's position is not an enforceable legal opinion.

"Our respective attorneys are talking through the issue," the district's statement said. "At this time, D205 is proceeding with the plans that are currently in place in order to meet the school community's expectation that all students have the opportunity to be in school five days a week, receiving as close to a full day of in-person instruction as possible."

After Patch contacted the state school board last week about District 205's plan, a state spokeswoman said the agency would reach out to the district.

In a mass email to parents Thursday, Moyer told said they must sign forms agreeing to testing if they choose in-person learning for their students.

"The lack of consent will result in a remote learning designation," he said.

At a school board meeting last week, a parent told members that she received an email from the state school board that districts had no authority to require mandatory testing.

The board did not respond to her comments.

The board has discussed the possibility of saliva testing since the fall. The screening is set to start March 8.