Dupage Policy Journal

New legislation that would give the state the power to decide when schools should be open or closed during a health emergency is raising concerns about giving decisions historically handled by local agencies to officials who don’t live there.

Under HB 2789 and SB 309, the Illinois Department of Public Health will have full authority to shut down any school that is not following IDPH protocols during an emergency order. The triggering event could be one complaint for non-compliance.

Elizabeth Yore, a constitutional attorney and former General Counsel for the Illinois Department of Children and Family Services, told the DuPage Policy Journal she is concerned for her grandchildren, who attend school in Elmhurst District 205. Dozens of parents have registered opposition to the legislation.

“I see what’s happening from a Springfield point of view, what the end  game is, and have seen my grandchildren suffer, other children suffer,”  Yore said. “If this legislation passes, we have an unelectable  bureaucrat who is only by statute up-to-this-point supposed to advise on  certain issues, not mandate.”

HB 2789 is sponsored by Rep. Michelle Mussman, (D-Schaumburg), while SB 309 is sponsored by Sen. Christopher Belt (D-Centreville).

An Indian Prairie School District parent told the West Cook News it’s important to recognize that teachers’ unions, who have blocked efforts to return children to in-person learning, are supporting the legislation.

Parents’ ability to advocate on behalf of their children with local school officials would be gutted under the legislation, as school superintendents, school boards, and county health departments would all have to defer to an unelected official in Springfield, Yore said.

“As a 40-year child advocate lawyer, I really feel compelled to advocate against this draconian bill,” Yore said. “Which as plain as I can see is not in the best interest of the children.”

Yore noted the bill not only applies to public schools, but has been amended to include private, parochial, and homeschooled students.

“IDPH has an unelected bureaucrat who will now be used as the only arbiter of these critical school decisions,” Yore said. “This is a huge power grab.”