Will County Gazette

State Sen. John Curran (R-Downers Grove) voiced his opinion during an Illinois Joint Committee on Administrative Rules (JCAR) meeting to discuss mask mandates in schools.

On Sept. 15, JCAR held a hearing to consider the Illinois State Board of Education's (ISBE) authority to punish schools for not following Gov. J.B. Pritzker's mask mandate, according to Center Square. Schools that do not comply with the ISBE mask mandate run the risk of losing recognition by the state, which will incur losses in school funding.

Curran questioned the ISBE's authority to revoke a school's recognition status and withhold state funding for defying state-imposed mask mandates.

"Does the board plan to file administrative rules to implement EL 2021-18 or the revised public health guidance for schools?" Curran asked. "If plans are in motion, when should this committee expect to see a rulemaking? If plans are not in motion then please aid the committee in understanding the board’s legal reasoning for not following administrative rules?" 

Kristen Kennedy, deputy legal officer with ISBE replied that the board did not have plans to file rules. Kennedy added that ISBE was relying on the court’s decision in Hudsonville to guide its decisions and "That court found that the governor’s executive orders … were lawfully issued and enforceable."

"I would say that’s not surprising that you’re now dragged into court again because this on its face is a very heavy-handed tactic that does not afford any due process," Curran said. "You have a process in the rule … that lays out a due process timeline and calls for meaningful discourse between a school district and the department and really also allows cooler heads to prevail which I think is why you have some time markers in the process."

Curran urged the school board to establish a uniform due process.

"I would certainly encourage the department and quite frankly ask the department in making these decisions they should be following whether the school is private or public" Curran said. "You should have due process in place for all schools. All parents are invested in these schools whether they’re public or private and most importantly for the children that attend."

The mask mandate is for both public and private schools, according to WMIX 94.

JCAR wanted ISBE to attend the August meeting, but board representatives were absent from the meeting.

The Rockford Sun reported that there are currently 47 Illinois districts at risk of having state funding cut off for defying Pritzker's school mask mandate.