Capitol - Your Illinois News Radar » Appeals court finds that IHSA constitution and by-laws don’t address schools placed on probation
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
To subscribe to Capitol Fax, click here.
Appeals court finds that IHSA constitution and by-laws don’t address schools placed on probation

Wednesday, Oct 20, 2021

* Context from a story in August

The decision by the IHSA board of directors means that high school athletes will be banned from playing in the postseason for a sport if their school is still on the Illinois State Board of Education’s probation list for non-compliance with the mask mandate on the “seeding” date — the deadline for entering the playoffs — for a fall sport, IHSA officials said in a statement.

* But a Fifth District appellate judge took a look at the IHSA’s legal makeup and found this

(T)he IHSA constitution and by-laws are devoid of any reference to schools that have a probationary classification issued by the ISBE, regardless of the reason for the classification. There is also nothing in the IHSA constitution or by-laws that allows the organization to issue emergency rules on the eligibility of a member school or athlete.

If the school’s state recognition is revoked, that’s another matter.

So, the appeals court overruled a circuit judge’s denial of a TRO against the IHSA in a case involving Hutsonville High School.

* More from the opinion

(T)he issue underlying this case is not the Governor’s mandate or the refusal of petitioners to comply with the Governor’s mask mandate at IHSA’s events. The TRO concerns only respondents’ authority to change a member school’s eligibility to participate in the State Series based on an ISBE’s “on probation” status. Because the executive orders and ISBE did not direct respondents—explicitly or impliedly—to preclude participation based on a school’s “on probation” status, their authority is limited to the IHSA’s constitution and by-laws. Here, petitioners alleged sufficient facts to establish a prima facie case that respondents violated their rights by failing to adhere to its constitution and by-laws.

Under these circumstances, the trial court erred in denying petitioners’ TRO and keeping the status quo until the merits of the arguments could be determined. “Status quo,” for purposes of obtaining a preliminary injunction, means the last actual, peaceable, uncontested status which preceded the pending controvers

My reading of this is that the governor and the ISBE could conceivably amend the orders to include probationary status.

- Posted by Rich Miller        

  1. - Downstate - Wednesday, Oct 20, 21 @ 9:22 am:

    Slippery slope. I’ve seen this play out with other state agencies and it’s ugly.

    Private companies have been placed on a “probationary” list by a state agency even though there was no legal foundation for the creation of the list. Do we want state agencies creating their own rules outside of the legislative and judicial process?

    What if an agency director decides that the probationary list includes any entity that donates to the wrong non-profit?

    What if the agency director decides he wants to “punish” a firm that brought legal action against the state, and won?

    Of course, the ISHA is not a state entity. But the ISBE is.

    “Secret lists” are wrong in the state agency environment, but sadly they are real. This only adds to more authoritarianism.

  2. - Ron Burgundy - Wednesday, Oct 20, 21 @ 9:29 am:

    Not uncommon, but a bit distressing that entities often shoot first and ask questions later, rather than reviewing their authority up front before acting. Looking at their constitution and by-laws should have been the first thing they did.

  3. - Oswego Willy - Wednesday, Oct 20, 21 @ 9:35 am:

    === Slippery slope.===

    It’s really not. Nope.

    Sports parents: we teach our kids to play by the rules. Rules are there for fairness

    Also sports parents: rules can be arbitrary, interpreted different, we want sports

    It’s so silly, truly the term silly, when you think about how any sport is played, and the rules.

  4. - Steve Polite - Wednesday, Oct 20, 21 @ 9:49 am:

    “Do we want state agencies creating their own rules outside of the legislative and judicial process?”

    This does not happen.

    I am sure there are contributors to this blog that know far more about administrative rule making than I do. With that said, my simple understanding is Agencies (Executive Branch) create or change their administrative rules and submit them to the Joint Committee on Administrative Rules (JCAR - Legislative Branch) for approval. In other words, the Legislative branch has oversight of Administrative Rules for all agencies.

  5. - Downstate - Wednesday, Oct 20, 21 @ 9:55 am:

    “This does not happen.”

    Let me assure you, “probationary lists” absolutely occur in at least one state agency. First hand knowledge and experience.

  6. - Oswego Willy - Wednesday, Oct 20, 21 @ 9:57 am:

    === First hand knowledge and experience.===

    Did you report it? Did you tell an inspector general office?

    Sounds like something someone would report, firsthand knowledge and all

  7. - Skeptic - Wednesday, Oct 20, 21 @ 10:29 am:

    ‘Let me assure you, “probationary lists” absolutely occur in at least one state agency.’ Yes, they absolutely occur in many State agencies. But you’ve not provided any evidence that they’re outside of either the rules or the statutes.

  8. - Rich Miller - Wednesday, Oct 20, 21 @ 10:30 am:

    ===probationary lists” absolutely occur in at least one state agency===

    Who cares? Move along now and get back to the topic at hand.

  9. - JS Mill - Wednesday, Oct 20, 21 @ 11:01 am:

    I do not believe, based on an extensive understanding of the IHSA constitution and by-laws that the judges ruling will stand for long.

    The IHSA constitution and bylaws grants the association and the executive director extensive powers to make the determinations that have occurred.

    there are two different references to “recognized” schools in the constitution and also the exec directors authority to make determinations. “Probation” is not specifically addressed, as are many other possibilities. But, probation is a change in the recognition process and would justify action by the IHSA. The constitution and bylaws do include several umbrella statements granting the executive director final decision making authority.

    I believe that these provisions allow the IHSA to suspend schools on probationary or unrecognized status and believe that ultimately the court will agree.

    I have stated before that I am no fan of the IHSA but in this case they are correct in their actions. Their by-laws do not cover every possibility. No legal document ever does, no by-laws book will ever do that but you can bet that they will next year.

    =This only adds to more authoritarianism.=\

    You don’t seem to understand what authoritarianism actually means.

  10. - Jocko - Wednesday, Oct 20, 21 @ 12:04 pm:

    Remember when Republicans used to rant about the overreach of activist judges? Now they’re throwing around TROs like they’re going out of style.

  11. - G'Kar - Wednesday, Oct 20, 21 @ 3:36 pm:

    I suspect this is not the first time a school on probation has wanted to participate in postseason sports. Were they allowed to or not? Is there a precedent?

TrackBack URI

Sorry, comments for this post are now closed.

* Chicago man arrested by feds in January 6 probe had apparent ties to Bailey campaign
* Flash Index rises slightly
* SUBSCRIBERS ONLY - Fundraiser list
* The bridge that almost wasn't
* News from the campaign front
* The numbers are pretty clear, so don't believe 14-3 is a safe bet
* It's just a bill
* Maybe things really are changing
* Open thread
* Yesterday's stories

Visit our advertisers...








Main Menu
Pundit rankings
Subscriber Content
Blagojevich Trial
Updated Posts

December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005


RSS Feed 2.0
Comments RSS 2.0

Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller