The Joint Committee of Administrative Rules (JCAR) voted today to stop Gov. JB Pritzker's attempt to reissue emergency rules that would have required school districts to enforce masking for K-12 public and private schools.
Following a 9-0-2 bipartisan vote by JCAR, the state's bicameral rulemaking body, Senate Republican Leader Sue Rezin (R-Morris), who serves on the committee, issued the following statement:
“Today, the Joint Committee of Administrative Rules made it clear that we would not accept the Governor’s attempts to go above a court ruling made by a co-equal branch of government.
“Instead of allowing our judicial system to work through its process, the Governor tried to double down on his unilateral approach to COVID-19 mitigations by reissuing the same exact rules that a Sangamon County judge nullified earlier this month. This move was both bad government and dangerous to the rule of law as it ignored the court’s ruling on due process.
“In his quest for power and control, Pritzker and his Administration was (sic) willing to further the chaos and confusion for schools throughout the state. With this bipartisan vote, I hope that the Governor finally recognizes that his go-it-alone tactic is not in the best interest of our state or its people.”
The JCAR vote comes days ahead of a ruling at the Fourth District Appellate Court on a temporary restraining order that blocked enforcement of Pritzker's COVID school mandates. In the TRO issued Feb. 4, Sangamon County Judge Raylene Grischow declared the governor's use of emergency rules to be unlawful and void.
It also comes amidst a groundswell of parent and student protests across the state demanding school districts go "mask optional" given Judge Grischow's ruling. To date, more than 500 school districts have moved to mask optional, according to plaintiff attorney Tom DeVore of Greenville, who represents hundreds of parents challenging the state and school districts over masking and other COVID restrictions.
The Pritzker administration on Monday re-filed an emergency rule on COVID mitigations, after it had expired on Feb. 13. The emergency rule was then put back into effect until JCAR voted affirmatively to block it with a minimum of eight members on the 12-member committee.
Three Democrats on the committee voted in favor of the measure: Rep. Mike Halpin (D-Rock Island), Rep. Frances Ann Hurley (D-Chicago) and Rep. Curtis Tarver, II (D-Chicago).
JCAR committee co-chair Sen. Bill Cunningham (D-Chicago) and Sen. Tony Munoz (D-Chicago) voted “present." Sen. Kimberly Lightford (D-Hillside) did not attend.
Rep. Amy Elik (R-Fosterburg) issued this statement:
"Governor Pritzker’s go it alone approach has caused chaos across our state. When a legislative body had the opportunity to decide, they voted to suspend the governor’s school mask mandate.”
Rep. Keith Wheeler (R-Oswego), who serves as JCAR co-chair, issued this statement:
“Parents and children across Illinois deserve certainty and clarity amid all the confusion and chaos created by Governor Pritzker’s decision to continually go it alone and work only through the courts instead of with stakeholders and families. Locally elected school boards who are accountable to parents and know best for their districts, along with their local health department experts, should be allowed to make decisions on COVID mitigations that fit their communities best. With JCAR’s bipartisan ruling today, there is no statewide mask mandate in effect for schools, and the decision now belongs with the local school districts.”
Senate Republican Leader Dan McConchie also issued a statement:
“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. Even they agree he has gone too far.
“Today, the Governor was willing to add to the confusion and chaos that has overwhelmed our schools and parents in the last several days. Fortunately for the people of Illinois, he was stopped.
“Enough is enough. Let’s start governing this state through the rightful democratic process, not under one man’s rule and ego.”