Judge’s ruling prompts ISBE rule change
Wednesday, Oct 6, 2021 - Posted by Rich Miller
* WICS…
The Illinois State Board of Education has quietly changed its process for enforcing the governor’s mask mandate.
As of October 1, non-public schools have a probationary period to regain their recognition if they are noncompliant, as opposed to losing it immediately.
ISBE stated this change on their website, and when we inquired, they told us the goal was to make the enforcement process more equal for public and private schools.
Previously, public districts were put on probation for noncompliance.
* This change was made after an unfavorable Parkview ruling…
Just days after an Illinois judge ruled in favor of a private suburban Christian school whose status was revoked for flouting Gov. J.B. Pritzker’s school mask mandate, the State Board of Education this week changed course on a policy that had instantly labeled noncompliant private schools “nonrecognized,” while granting public schools defying the order a 60-day probation period. […]
Kendall County Judge Stephen Krentz last week ordered ISBE to temporarily reinstate Parkview Christian Academy in Yorkville, which is among the private schools that have recently lost their status and been deemed nonrecognized for refusing to comply with the governor’s school mask order.
In his ruling, Krentz targeted the state board’s separate standards, saying the “guidelines and procedures for recognizing nonpublic schools may necessarily be different than the guidelines for recognizing public schools, but they may not be more burdensome.”
The rules treated the recognition status of public and private schools differently long before COVID-19. Nobody really complained until now.
…Adding… The TRO is here.
* Related…
* Judge rules Vermilion County teachers, parents must follow state COVID-19 rules in schools
* Adams County court ruling keeps healthcare workers’ jobs in place pending vaccine lawsuit
- Norseman - Wednesday, Oct 6, 21 @ 10:20 am:
And the pandemic continues to rage on. Will we be able to stave off pandemic enabling rulings until after we get sufficient residents vaccinated to attain herd immunity.
- Demoralized - Wednesday, Oct 6, 21 @ 10:29 am:
It only adds an extra step in the process. If the school continues to be out of compliance it will lead to the same result. They’ll just be on probation first and then move to non-recognition status when they don’t comply.
- Publius - Wednesday, Oct 6, 21 @ 10:31 am:
Does this mean that non-public schools will be forced to accept all students and take better care of kids with IEPs? Equal treatment for masks means we should hold all schools to the same standards.
- A Guy - Wednesday, Oct 6, 21 @ 10:33 am:
Treating a private institution, which frankly have more experience over the length of time dealing with in house teaching, more harshly was reactive and inappropriate. Equity of treatment is a good step toward fairness. Good on the judge and the newly compliant agency.
- Oswego Willy - Wednesday, Oct 6, 21 @ 10:36 am:
===which frankly have more experience over the length of time dealing with in house teaching===
What does that even mean?
Equal treatment and protection under the law is important.
We’ll see how these schools manipulate this order to push continued non-compliance or will they work harder to get into compliance. That’s what remains to be seen, and will be playing out going forward
- A Guy - Wednesday, Oct 6, 21 @ 10:41 am:
==What does that even mean?==
You know, but you’re acting uninformed. It means these private schools successfully had in school teaching most of last year and from the beginning of this year while public schools did not. Period.
Arguing for argument’s sake is not a sign of intelligence.
- Oswego Willy - Wednesday, Oct 6, 21 @ 10:47 am:
=== It means these private schools successfully had in school teaching most of last year and from the beginning of this year while public schools did not===
I’m not a mind reader. I appreciate you think I can gather that thought telepathically.
lol
- thechampaignlife - Wednesday, Oct 6, 21 @ 11:00 am:
60 days is too long. During a public health emergency such as this, it should be as short as possible. Maybe a week tops to acquire supplies, create plans, and communicate, but it needs to be enforced with a sense of urgency that an emergency situation demands.
- JS Mill - Wednesday, Oct 6, 21 @ 11:02 am:
=Treating a private institution, which frankly have more experience over the length of time dealing with in house teaching, more harshly was reactive and inappropriate. Equity of treatment is a good step toward fairness. Good on the judge and the newly compliant agency.=
A couple of points before I get to the abject hypocrisy of the lawsuit.
1. We were in school successfully last year. All year. Every district around us was too. Large suburban and CPS schools may have been remote.
2. A number of private schools moved to remote due to outbreaks. By my measure, that is not successful if you have to go to remote. maybe chec with some of the large catholic schools.
The abject hypocrisy of the private school suit is that they have never wanted to be treated equally and follow the same requirements of public schools. They have always wanted whatever state money they can get, but always want to do that with no requirements from the state.
As Rich mentioned, they never complained about being treated differently in the past and since they enjoyed a different standard for decades, there is nothing unfair about a different standard now. Unless you are a hypocrite that is.
- A Guy - Wednesday, Oct 6, 21 @ 11:09 am:
Mostly fair, JS M, however…
Being recognized as an educational institution and meeting learning guidelines are pretty basic. The standard for recognition of a public school is rather automatic, isn’t it? That’s not to say they don’t have oversight and regulations.
The recognition for a private school comes with a lot more tangible proof of function…as it should.
So, the Governor’s whiplash reaction was incorrect on this and has quietly been walked back. FTR, few public schools in the Chicago area and northeast Illinois were even open for one day last year. I meant no disrespect to downstate districts that were. Good on them.
- Jocko - Wednesday, Oct 6, 21 @ 11:13 am:
==have more experience over the length of time dealing with in house teaching==
How about mitigating the problems of providing instruction during a pandemic. Does PCA have an epidemiologist on staff?
- Demoralized - Wednesday, Oct 6, 21 @ 11:13 am:
All of this would go away if they simply followed the rules. Enforce the mask mandate and they don’t have to worry about recognition.
- Oswego Willy - Wednesday, Oct 6, 21 @ 11:18 am:
===All of this would go away if they simply followed the rules. Enforce the mask mandate and they don’t have to worry about recognition.===
It’s, again, folks looking to ignore the safety and the health of others, doing the thing society needs, “because ‘Merica”.
The technicality does not absolve the reason they are being looked at.
- thechampaignlife - Wednesday, Oct 6, 21 @ 11:31 am:
Semi-related: the controversy over schools using COVID funding for athletics is a symptom of an unhealthy obsession with sports that has perverted our educational system. It boggles my mind how much time, energy, and money within the schools and the surrounding communities is devoted to sports at the expense of critical life skills and citizenship.
I get that sports provides learning opportunities for fitness and teamwork. But, how effective is it at achieving those goals? What side effects are there from sports (e.g., injuries, stress, parent rage)? What other ways could we achieve those goals? What goals are we neglecting by emphasizing sports so heavily? How could we use those resources more effectively? Why is it the duty of the school to provide these opportunities, and not a park district or private clubs?
/soapbox
- Jibba - Wednesday, Oct 6, 21 @ 12:17 pm:
===You know, but you’re acting uninformed.===
I gotta say, A Guy, I had no idea what you meant either. Just sayin’. We’re not always as clear as we think, me included.
- JS Mill - Wednesday, Oct 6, 21 @ 12:17 pm:
=The standard for recognition of a public school is rather automatic, isn’t it?=
More or less the answer is yes.
=The recognition for a private school comes with a lot more tangible proof of function=
But, it is no more rigorous for private schools than public. I say that having worked in both as an admin.Private schools are allowed to more or less do as they please. That may be why some reacted to the lawful order of the governor they way they did, but the fact remains that they are willfully violating a lawful order of the governor.
These schools are transgressors not victims.
- Huh? - Wednesday, Oct 6, 21 @ 12:28 pm:
“transgressors not victims”
The devil made me do it. /s
- M - Wednesday, Oct 6, 21 @ 2:11 pm:
If the private schools do not want to comply with the Public Health Rules that the governor enforces, ISBE can pull all funding to the private schools that do not comply.
- Joe - Wednesday, Oct 6, 21 @ 3:42 pm:
Scanning comments; I get the feeling that we are bringing a lot of baggage from previous battles. I wonder if that baggage adds value and clarity to this news item?