Downstate Judge Reverses School Mask Penalties
The Effingham County Courthouse in Effingham.
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An Effingham County judge is the latest to reverse penalties from the Illinois State Board of Education against school districts defying Governor JB Pritzker’s school mask mandate.
In a ruling this week, Effingham County Judge Jeff DeLong granted a Temporary Restraining Order (TRO) against ISBE, removing the Red Hill, Cowden-Herrick, and Beecher City school districts from the state’s penalty list.
The lawsuit was filed by noted anti-mask activist and mitigation opponent Tom DeVore. Via the Effingham Daily News:
DeVore argued ISBE and Ayala do not have the legal authority to lower the status of Cowden-Herrick and Beecher City school districts.
He also argued that ISBE does not have an appeals process in place for districts that have been placed on probation, noting the appeals process only applies when a district is "non-recognized" – the next step after probation.
DeVore said the letters notifying the districts of their probation came from Ayala, who DeVore argued only had the power to make recognition changes once a year. The lawyer also noted the letters did not come from the Illinois State Board of Education, which he said should have made the decision.
[Tara] Barnett, the attorney general's representative, argued that ISBE has the power to allow Ayala to decide on recognition.
Whether or not Gov. J.B. Pritzker's executive order had a bearing on the matter factored into the argument from each side.
“This lawsuit is not about the Governor's executive order mandating masks,” DeVore told the judge.
But Barnett said the order was central to the probation question.
“An executive order is a law,” Barnett said.
Last week’s TRO in Kendall County covered a private school, this ruling is the first impacting public schools.
Neither the Illinois State Board of Education or the Illinois Attorney General’s office commented on the ruling.