Lawmakers question the enforcement of school mask obligations | News

Springfield — The Illinois State Board of Education has expressed concern that it may have exceeded its limits by threatening to withhold funding from school districts that do not carry out its mask mandate, and legislative on Tuesday. The Commission urged institutions to put the policy into formal rules.

A unanimous vote by the Joint Committee on Administrative Regulations (JCAR) represents one of the few times Illinois legislators have opposed the enforcement of executive order by Governor JB Pritzker since the launch of the COVID-19 pandemic. .. In particular, intense questions from Republicans on the panel to ISBE staff.

Senator Don David, R-St. Charles said he personally had no problems wearing masks and vaccinations and encouraged others to be vaccinated.

“That said, I’m concerned about government overkill and those who act outside their authority,” he said. “That is the purpose of our question today. As a member of JCAR, it is our question to ask to ensure that the government is acting in accordance with state law within its authority. It’s everyone’s duty. “

On August 4, Pre-kindergarten wears masks indoors at all public and non-public PreK-12 schools, following the joint guidance of ISBE and the Illinois State Board of Public Health, for all students, staff and visitors. I issued a presidential order asking for it.

Since then, the Legislature has been willing to enforce the rule by probating the district or, in the case of non-public schools, revoking the state’s official approval.

According to state commission data, 47 public school districts were suspended due to refusal to comply, although all but four agreed to comply.

Beecher City CUSD 20, Hutsonville CUSD 1, Cowden-Herrick CUSD 3A, and Nauvoo-Colusa CSD 325 remain on probation as of Tuesday, meaning there is a risk of losing state approval and state funding.

A total of 15 non-public school systems have been revoked state approval due to breaches, six of which have since been reinstated. Loss of awareness can mean, among other things, that their diplomas are not recognized by the state university and are not eligible to attend interdisciplinary events.

De Witte of the Panel and other Republicans questioned whether the Legislature has the statutory or administrative authority to take enforcement measures against schools that refuse to comply with “guidance” issued by state agencies.

“Guidance is guidance. Guidance is not a rule,” said R-Oswego Rep. Keith Wheeler. “Rules are enforceable. Statutory law is enforceable. I don’t think executive orders are as enforceable as decree or (rules).”

However, ISBE’s Deputy Legal Adviser, Kristen Kennedy, relies on existing administrative rules that “if a school district exhibits a defect that poses a health hazard or poses a danger to students or staff, the school district will be probated.” He said he was doing it. Pritzker Executive Order and joint guidance issued by IDPH and ISBE.

She also quoted a 2020 Sangamon County Court ruling involving the Hatsonville School District (one of the four public school districts still under probation).

However, Wheeler compared ISBE’s actions with the circumstances faced by lawmakers in the early stages of the pandemic. JCAR opposed an emergency rule issued by the Public Health Service that allowed criminal charges for companies that violated Pritzker’s first stay. -Home order.

“And after a lot of iterations and hours of discussion, we tried to land on something better than what we started, and I think we actually did that last year,” he said. Said. “But that was all done by urgent rulemaking.

“When it comes to how you turn things to the masses, the guidance says” should “and the rules and laws” should “. And rarely you can exceed these two. Otherwise, it doesn’t make sense to have a legislature that oversees these things and sets policies. “

Shortly thereafter, the panel went into a recess behind the closed room. A few minutes later, members appeared, expressing “concerns about the existence of non-rule policies” and voting for a motion encouraging ISBE to “put all policies and guidance in the rules.” bottom.

The motion specifically urged ISBE to propose rules that more clearly define the process used before revoking school approval.

The motion passed 10-0. JCAR’s next upcoming meeting is set on Tuesday, October 19, in Springfield, the first day of the General Assembly’s Fall Veto Session.

Capitol News Illinois is a non-profit, non-partisan news service for state governments that is distributed in over 400 newspapers throughout the state. It is primarily funded by the Illinois Press Foundation and the Robert R. McCormick Foundation.

Lawmakers question the enforcement of school mask obligations | News

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