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JCAR recommends that State Board of Education issue formal rule over mask enforcement issue

Tuesday, Sep 14, 2021

* Center Square…

A body of state lawmakers says the Illinois State Board of Education may be overstepping its authority by revoking recognition of schools, public and private, because of masking policies.

“There is a concern that policy outside of rule may exist and [Joint Committee on Administrative Rules] encourages ISBE to place all guidance and policy in rule,” the clerk for JCAR read during Tuesday hearing.

Ten of the 12 members of JCAR, a bipartisan panel of state legislators, approved the resolution.

The motion also requests ISBE clarify the process of revoking school recognition.

The vote came after ISBE took questions from members of JCAR in Chicago.

Kristen Kennedy, a deputy legal officer with ISBE, said they didn’t intend to file any rules and said they believe state law and administrative rules that exist now gives them the authority to punish schools, public and private, for not following the governor’s health guidance.

JCAR Co-chairman state Rep. Keith Wheeler, R-Oswego, said there’s oversight of rules from JCAR.

JCAR can’t force ISBE to issue the rules, but they get a headline.

Also, of course, the members of JCAR are all legislators, so they could get together and introduce an actual bill.

- Posted by Rich Miller        

10 Comments »
  1. - curious - Tuesday, Sep 14, 21 @ 3:16 pm:

    Why did ISBE keep citing “Hutsonville” as their authority to circumvent Rule and Statutes?

    I don’t think that case was ever ruled. It’s just a big old Complaint filed by JB.

    Can you cite your own complaint as precedence, or was there actually a judicial opinion issued?


  2. - NotRich - Tuesday, Sep 14, 21 @ 3:19 pm:

    who were the 2 NO votes??


  3. - Oswego Willy - Tuesday, Sep 14, 21 @ 3:20 pm:

    ===may be overstepping===

    Or… maybe not overstepping.

    It’s tiring, now with schools that require kids to be potty trained before they can enroll, now think masks are “too far” and yet I’ve not heard a single surgeon say a mask doesn’t prevent the spread of their germs to a surgical patient

    If it’s about the headline, congratulations.

    Schools and school districts refusing to follow masking guidelines should have their recognition (no matter the form of recognition) revoked, no sports, and if need be singled out as a dangerous place for those attending in regard to the spread of the coronavirus.

    Get vaccinated, those in schools over 12, and wear masks for the kids, everyone.


  4. - Facts Matter - Tuesday, Sep 14, 21 @ 3:36 pm:

    There weren’t any no votes. Two members weren’t present at the hearing.


  5. - Rich Miller - Tuesday, Sep 14, 21 @ 3:37 pm:

    ===I don’t think that case was ever ruled===

    You’re not very good at this

    The decision, issued by Sangamon County Judge Raylene Grischow after a roughly two-hour hearing, relates to two lawsuits — Mainer v. Illinois Department of Public Health and Pritzker v. Board of Education of Hutsonville — that arose from Pritzker’s June executive orders regarding schools.

    The governor’s executive orders apply to all public and nonpublic schools from pre-kindergarten through 12th grade, and they allow schools to reopen as long as they follow IDPH public health requirements, which include capping the number of people in gatherings, mandatory face coverings and temperature screenings.

    In explaining her decision, Grischow cited her Aug. 18 order in Pritzker v. Board of Education of Hutsonville in which she issued a temporary restraining order requiring the schools to follow the state’s public health guidelines set forth in Pritzker’s executive orders.

    https://thesouthern.com/news/state-and-regional/judge-finds-pritzker-acted-lawfully-to-mandate-health-guidance-for-schools/article_e2d578be-94ca-58f9-ada2-407c94433f8a.html


  6. - 4theRecord - Tuesday, Sep 14, 21 @ 3:38 pm:

    ===who were the 2 NO votes??===
    10 out of 10 present


  7. - Norseman - Tuesday, Sep 14, 21 @ 3:43 pm:

    My money is on the opinion of the ISBE counsel.


  8. - Citizen Kane - Tuesday, Sep 14, 21 @ 4:32 pm:

    Wow, finally the legislature is doing something.


  9. - Anyone Remember - Tuesday, Sep 14, 21 @ 4:42 pm:

    ===JCAR Co-chairman state Rep. Keith Wheeler, R-Oswego, said there’s oversight of rules from JCAR.===

    The proper Legislative response to rules they don’t like is to enact legislation. JCAR’s existence is wrong for 2 reasons. First, their oversight of administrative rules is an Executive function, something not allowed at the Federal level. (Chadha, bicameralism, etc.). Second, JCAR exists so legislation can be done “on the cheap” and enable the underfunding of LRB.


  10. - TheInvisibleMan - Tuesday, Sep 14, 21 @ 5:34 pm:

    And this is the ending act of their latest play.

    I mentioned here a few weeks ago when some local groups, near Oswego, were pushing hard to get public comments submitted to JCAR from their group after one of their own was arrested at a school board meeting in plainfield for refusing to wear a mask, and refusing to leave when asked. I could tell it was a setup, but couldn’t tell for what.

    Now, the rep from Oswego steps forward to play his role in the act.

    Kabuki theater.


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