McHenry Times

Veteran GOP state Sen. Don DeWitte (R-St. Charles) joins fellow Joint Committee on Administrative Rules (JCAR) in questioning the Illinois State Board of Education's authority to level financial punishments against schools that buck state mask mandates, but he's not panning the use of masks itself.

On Sept. 14, JCAR formally requested that ISBE "place all policy and guidance in administrative rule," according to ABC20, and offer the committee an update within 30 days. In addition, the committee asked for clarification on the steps and processes ISBE follows when penalizing districts that defy Gov. J.B. Pritzker’s recently re-imposed school masking mandate.

“I believe it’s our job to oversee the rule-making process by state agencies, making sure they abide by the original intent of the legislation or in this case what appears to be a mandate handed down by the administration,” DeWitte said at a recent JCAR meeting on the subject of mask mandates. “It is important to get into the record that just because we’re questioning ISBE’s authority to take financially punitive steps against school districts that choose to exercise local control with regard to the mask issue, it does not mean we do not recognize the benefit that masks provide.”

Even as he says he has no issue with masking personally, has received the COVID-19 vaccine and holds clinics in his district encouraging others to do the same, DeWitte admits he still worries about government overreach.

“That is the purpose of our questions today,” he said at the meeting. “As one member of JCAR, it is incumbent upon us to ask questions and ensure the government is acting within its authority and in line with state statute. The focus of our questioning today centers around this primary issue.”

As of Sept. 14, the Center Square reported, four public schools have been put on probation and nine private schools have been stripped of recognition for not complying with the governor’s order. For those private schools, losing lack of recognition opens the door to a loss of state funding and being declared ineligible for Illinois High School Association athletic competition.

DeWitte is challenging ISBE officials to show him the statute that grants them that authority.

“To the best of my knowledge, I don’t believe that authority exists,” he said. “When a house representative files legislation after the fact that does give ISBE that authority, in my view it is a veiled admission that perhaps ISBE stepped beyond its authority.”

DeWitte referenced the recently filed HB4135, according to the Daily Journal.