Legislative Committee Blocks Reissue of Pritzker School Mask Mandate
A bipartisan legislative committee struck down the Pritzker administration’s proposal to extend his school mask mandate Tuesday. The decision throws the rule, which is currently under a court order putting it on hold, into further chaos.
A bipartisan group of lawmakers blocked Governor JB Pritzker’s administration from extending his mask mandate for schools Tuesday, essentially meaning no school in the state is under a mandate to require masking of students and staff.
The bipartisan, bicameral Joint Committee on Administrative Rules, known as JCAR, refused to adopt rules proposed by the Illinois Department of Public Health to implement Governor JB Pritzker’s new executive order for masking in schools. The original rule passed before the school year expired over the weekend.
The new rule did address some issues related to isolation and quarantine of students that were central to the Temporary Restraining Order approved by a Sangamon County judge earlier this month. The order, which has been appealed to the 4th District Appellate Court in Springfield, has led to chaos, protests, and frustration over the status of masking of students in Illinois schools.
The administration was reportedly given multiple chances to withdraw the rule until the 4th District makes a ruling, but the Department of Public Health and Govenror’s office moved forward anyway.
“It’s just the typical arrogance from these guys,” one frustrated lawmaker said after the meeting.
Following the hearing Tuesday, the appellate court asked both parties to detail how the committee’s action would affect the ongoing appeal. Those briefs are due Wednesday.
Republicans were quick to blast the Pritzker administration for its perceived overreach.
“In his quest for power at all costs, the governor attempted to go above the judicial system to continue to require masks in schools, a move that even his Democrat allies in the legislature wouldn’t support,” Senate Republican leader Dan McConchie (R-Hawthorn Woods) said in a statement. “Even they agree he has gone too far.”
But Democrats who bucked the administration made it clear they were doing so because of the ongoing court case.
Rep. Mike Halpin (D-Rock Island) claimed he voted to block the rule because “we’re currently in a situation where the [Temporary Restraining Order) says this rule is not enforceable.”
Sen. John Curran (R-Downers Grove) says the interpretation lawmakers received is that the Governor’s proposed rule is “suspended” and not currently in effect.
Neither the Governor’s office or Illinois State Board of Education responded to our request for their interpretation of the status.
Because the administration allowed JCAR to vote the rule down instead of withdrawing it, Curran says any future rule must be significantly changed before brought back to the committee.
While the Governor is moving forward to remove the mask mandate on the general public at the end of the month, he isn’t yet willing to move his position on schools, but says he will eventually.
“Our intention is to keep moving forward toward removing masks in schools,” Pritzker said during an unrelated event in Peoria Tuesday morning. “A major priority is keeping kids learning in person in schools and keeping people healthy in schools.”
Multiple school superintendents we spoke to Tuesday gave conflicting responses as to how they would interpret the mask rule. Some districts have already been removing their mask requirements while others, like Chicago Public Schools, have kept the rule in place.