On Tuesday, the request by the Joint Committee on Administrative Rules (JCAR) that the Illinois State Board of Education (ISBE) needs to submit clarifying rules on the recognition status process of public and private schools in Illinois is a first indication that common sense may be entering this 18-month controversy.
“Tuesday JCAR filed a motion for ISBE to submit rules for recognition status with a due process for public schools and private schools,” said Rep. Adam Niemerg. “ISBE made it clear they are acting on guidance and not rule on the pulling of recognition status of private schools without due process. The motion carried unanimously 10-0 and it is encouraging because we all know the State Board of Education is well outside their authority. This, coupled with pending litigation on ISBE’s authority to enforce mask mandates, means we are going in the right direction, which ultimately is to confirm local control and unmask our kids.”
Currently, in clear violation of the administrative code, private schools do not get a warning, or probation, they just are sent a letter revoking their Illinois state recognition.
“This is a nice affirmation that our readings of the law and statutory authority have been right all along,” added Rep. Blaine Wilhour. “But, the only way to prevail in our current political climate is for schools to sue ISBE for making rules outside of their authority.”