“It’s not surprising that ISBE is now dragged into court, again, because this, on its face, is a very heavy-handed tactic that does not afford any due process," state Sen. John Curran said. | Facebook
“It’s not surprising that ISBE is now dragged into court, again, because this, on its face, is a very heavy-handed tactic that does not afford any due process," state Sen. John Curran said. | Facebook
Republican state Rep. John Curran (R-Downers Grove) is pushing for clarification on the process under which the Illinois State Board of Education punishes schools for defying a school mask mandate.
“Whether you agree with the mask mandates or not, due process is a necessary and important step that is currently missing from ISBE’s enforcement of the governor’s executive order,” Curran recently posted on Facebook.
Just before schools across the state were slated to reopen for in-person learning, Gov. J.B. Pritzker re-imposed a universal mask mandate for all public and private school students that also extends to teachers and staff.
Curran recently took the floor at a Joint Committee on Administrative Rules (JCAR) hearing to insist that “you should have due process in place for all schools, all parents who are invested in these schools, whether public or private, and most importantly, the children that attend,” the Chicago Tribune reported.
As the criticisms of Pritzker's handling of the COVID-19 crisis have mounted, ISBE officials have continued to defend their actions in instances where schools have been stripped of their recognition status for noncompliance, according to the Chicago Tribune. Schools placed on probation face the loss of state funding and lose the ability to participate in Illinois High School Association and Illinois Elementary School Association athletic competitions.
To date, nine schools are “nonrecognized” and four school districts are on probation, according to the most recent state data available online.
“What due process was Timothy Christian afforded in a decision that was made the same day to pull the recognition status?” Curran asked. “It’s not surprising that ISBE is now dragged into court, again, because this, on its face, is a very heavy-handed tactic that does not afford any due process.”
After courts sided with Pritzker in his suit last year against three Illinois school systems, Kristen Kennedy, deputy legal officer for ISBE, said the agency looks to that decision, which determined Pritzker's health measures were "lawfully issued and enforceable," for guidance, the Chicago Tribune reported.
In August, State Superintendent of Education Carmen Ayala warned school districts that noncompliance with the mandate “is not an option," the Chicago Tribune reported. According to Ayala, a district would first have its recognition status changed to “on probation” and be asked to submit a corrective action plan if they didn't comply with the governor's order. Failure to do so would lead to nonrecognition, according to the Chicago Tribune.
More recently, JCAR members approved a measure recommending ISBE propose additional amendments “expanding and clarifying the school recognition status to include a better-defined process prior to the revocation of recognition.”
Committee members are requesting a response from the ISBE within 30 days.
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