Update as of 9/14/21:
An Illinois legislative review board called the Joint Committee on Administrative Rules, or JCAR, voted 10-0 on September 14 to request more answers from the Illinois State Board of Education (ISBE) regarding the department’s claimed authority to enforce Gov. J.B. Pritzker’s mask mandate for schools. The vote was unanimous with five Democrats and five Republicans voting in favor.
ISBE claimed it has the power to enforce the mask mandate based on previous court rulings, but JCAR found ISBE’s legal justifications lacking. The committee members want to see ISBE’s policies actually included in the administrative rules and in harmony with Illinois law, rather than just based on “guidance” from the governor’s mandates and executive orders.
JCAR passed a resolution encouraging ISBE officials to “place all policy and guidance” within administrative rules, asked for an update in 30 days, and recommended that ISBE propose new rules for its school “recognition” process.
An article with full details will be released soon.
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By: Ted Dabrowski and John Klingner
The Pritzker Administration’s authority to enforce the school mask mandate is finally being confronted by the state legislature’s administrative review board, the Joint Committee on Administrative Rules (JCAR). JCAR will hold a hearing on Tuesday, September 14 at 11 AM.
The challenge comes more than one month after the governor formally announced his new restrictions on August 4.
The issue before the JCAR is: under what authority does the Illinois State Board of Education (ISBE) derive its ability to enforce a mask mandate? ISBE has enforced Pritzker’s order, declaring all districts that don’t comply would lose recognition status. That’s a serious designation that would deprive districts of state funding and prevent students from participating in sports. A loss in recognition would also mean high school diplomas would not be acknowledged by the state.
The question matters because mask requirements should be determined locally, not a top-down one-size-fits-all mandate. Illinois has more than 850 school districts with differing levels of risks and mitigation possibilities.
Districts like New Trier 203, for example, have 92 percent teacher and 90 percent student vaccination rates. Others, including some of the 62 school districts that have at one point challenged the state’s mask mandate, based their objections on numerous grounds, from low positivity and hospitalization rates to low-risk community demographics.
The issue before JCAR is solely about that ISBE enforcement authority. The merits of the mask mandate are not pertinent to the JCAR hearing.
JCAR is composed of six Republicans and six Democrats who review administrative rules written by state agencies like ISBE. Normally, JCAR can suspend or prohibit a rule with an 8-4 vote. But in this case, if there is no actual rule, there’s nothing for them to block.
Instead, the committee could vote for a “standard objection” to a policy that is “outside of rule.” That requires seven of the committee’s 12 lawmakers to vote to object. A “standard objection,” would be little more than a slap on the wrist for the governor. However, JCAR’s disapproval could be used in arguments against the mandate in court.
It would therefore take seven JCAR votes to dent ISBE’s enforcement authority on this matter. The JCAR hearing will be held in Room C600 of the Bilandic Building in Chicago at 11 AM on September 14. Here are the JCAR members:
- office@repkeithwheeler.org – Keith Wheeler
- demmer@ilhousegop.org – Tom Demmer
- rephalpin@gmail.com – Michael Halpin
- repfranhurley@gmail.com – Frances Ann Hurley
- reick@ilhousegop.org – Steve Reick
- office@repcurtisjtarverii.com – Curtis Tarver II
- bill@billcunningham.com – Bill Cunningham
- senatorcurran@gmail.com – John Curran
- lightford@senatedem.ilga.gov – Kimberly Lightford
- amunoz@senatedem.ilga.gov – Antonio Munoz
- senatorrezin@gmail.com – Sue Rezin
- ddewitte33@gmail.com – Don DeWitte
Read more about Illinois’ mask mandate:
Audio and summary 
If this bill passes, say goodbye to local control over all Illinois parks and expect to see open drug and alcohol use, needles, no sanitation and fire hazards, but no ordinary park users.
Sounds like JCAR is letting them have time to change the rules in the middle of the game. This is wrong. They should have ruled right then and there.. they were wrong and are still wrong and this should stop now! Let’s get back to life and let the parents make the decisions.
Correct. And if they can’t do it for some reason, they will do it by legislation, a bill for which is already pending.
Awake IL attended the meeting and presented this statement to JCAR along with a packet of all the emails we sent to ISBE that have thus far, gone unanswered. Continue contacting legislators with your concerns.
Did the masks get stopped? Hope so.
Committee Motion: There is a concern that policy outside of Rule may exist, and JCAR encourage ISBE to place all policy and guidance in Rule. JCAR recommends that ISBE provide an update to the committee within 30 days. Additionally, JCAR recommend that ISBE propose additional amendments to 23 Illinois Admin Code Part 425, expanding and clarifying the school recognition status to include a better-defined process prior to the revocation of recognition.
Motion Carries by a vote of 10-0
You mean someone is asking whether an emergency can’t be perpetual?
Just sent them all an email.
Please post how they vote!
JCAR members need to remember an election is right around the corner…..putting a lid on a runaway governor is LONG OVERDUE!
So we will find out if JCAR is more liberal or leftist.